[WSBAPT] Clayton QTIP Election at First Death

[Joshua McKarcher]

Well, hmm, I guess as distressing as it may seem potentially to position son against parent or siblings, I'm not sure any law forbids the "Clayton electing trustee" to be an interested trustee vs a non-interested (independent) trustee.

If he worked with qualified legal and tax counsel and everyone was onboard with the strategy after first spouse's death, I would have to look "something" up in search of a reason that he would be disqualified.

If someone else embarrasses me with a contrary answer that proves mine wrong, I shall humbly offer up a template Minor Child POA as my gift to them.

Best, Josh


Joshua McKarcher

Attorney, Owner
McKarcher Law PLLC
o: (509) 758-3345
josh at mckarcherlaw.com<mailto:josh at mckarcherlaw.com>

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________________________________
From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> on behalf of Robin Swanson <robin at securelegallegacy.com>
Sent: Thursday, 25 June 2026 13:10:22
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Clayton QTIP Election at First Death

Hi Listmates,

I'm drafting a revocable living trust for a married couple who are the trustors and initial trustees. They want to name their son, who is also a beneficiary of the trust, to make or direct the Clayton QTIP election at the first spouse’s death. I understand that using an independent trustee who is not a beneficiary is recommended because of conflict and fiduciary concerns. Can someone please explain whether a beneficiary/son can serve in that role under Washington law? They are not satisfied with my general answer and want to name their son.

Thank you,
--

Robin Swanson

Secure Legal Legacy, PLLC

Attorney at Law


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