[WSBAPT] Amending Trust where Family Is Not in the Terms

Mon Sep 28 16:34:41 PDT 2026

I am just not doing a great job today with my questions.  My apologies.

I am truly just trying to figure out how to deal with the fact that the
family was listed in a recital before the actual enumerated terms began.

Normally, when I do a trust amendment, I will say Article 1, Paragraph 6 is
deleted in its entirety and replace with.......type in new Article 1,
Paragraph 6.

I cannot use the same formatting because the family is not in an article,
but listed as a preamble statement that says, effectively I am married to
bob, bob and I do not have any kids, I have two kids from prior
marriage...

Then, throughout the rest of the Trust, it makes reference to Daughter
Elizabeth or Son Steven.

Well now we need to make adjustments where we do not have gendered children
and instead says Trustors Children, Mars and Mercury.

Obviously, I am not using real names - but the issue is the same.

Should I create a new article at the end and just add Article 36 -
Identification of Family - so that it is given a formal place in the Trust
or just have it included in the Recitals at the start?  Normally my
recitals are simply detailing the procedural history of original creation,
first amendment second amendment, third amendment with full restatement,
fourth amendment, etc....

Thank you!

*Brent Williams-Ruth* (pronouns: he/him)
*Attorney-At-Law*

*Law Offices of Brent Williams-Ruth, **a division of BWR Consulting, PLLC*

*Physical Address: 500 S 336th Street, Suite 214; Federal Way, WA 98003*

*Mailing Address: **PO BOX 3319; Federal Way, WA 98063 *

Office/Scheduling Phone: (253) 285-7751

For All Meetings & Scheduling: info at williams-ruthlaw.com

e-mail <Brent at Williams-RuthLaw.com> / website
<http://www.williams-ruthlaw.com/> / facebook
<http://www.facebook.com/bwrlaw> /

On Mon, Sep 28, 2026 at 4:24 PM Diane Kiepe <diane at kiepelaw.com> wrote:

> This may seem like overkill but I also add a statement along these lines:
> "I have carefully considered my estate and the distribution thereof.
> Except in the event of a failure of beneficiaries, I intentionally make no
> bequest (or if a trust, no distribution) to any person or entity known or
> unknown to me."  I also define children and descendants more narrowly then
> some documents I have seen.
>
> Diane Kiepe, J.D., LL.M. Taxation
> Kiepe Estate and Probate, PLLC
> diane at kiepelaw.com
> 200 N. Mullan Rd., Suite 203
> <https://www.google.com/maps/search/200+N.+Mullan+Rd.,+Suite+203+Spokane+Valley,+WA%C2%A0+99206?entry=gmail&source=g>
> Spokane Valley, WA  99206
> <https://www.google.com/maps/search/200+N.+Mullan+Rd.,+Suite+203+Spokane+Valley,+WA%C2%A0+99206?entry=gmail&source=g>
> 509-808-2087 <(509)%20808-2087>
> Confidentiality Notice: This page and any accompanying documents contain
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> addressee. This information is private and protected by law. If you are not
> the intended recipient, you are hereby notified that any disclosure,
> copying, distribution, or use of the contents of this information in any
> manner is strictly prohibited.
>
>
> On Mon, Sep 28, 2026 at 4:19 PM Heather de Vrieze <
> heatherd at westseattlelaw.com> wrote:
>
>> I sure don’t think it is “required” but it is good evidence of knowledge
>> of their heirs and a roadmap for the folks who follow (the next attorney)
>> needing to administer the will/trust for the benefit of my
>> children/issue/descendants. .
>> <https://www.google.com/maps/search/3909+California+Avenue+SW+%0D%0A+Seattle,+WA+98116-3705?entry=gmail&source=g>
>> . .
>>
>>
>>
>> Heather S. de Vrieze
>> *(she/her)*
>>
>> *Attorney-at-Law*
>>
>> 3909 California Avenue SW
>> <https://www.google.com/maps/search/3909+California+Avenue+SW+%0D%0A+Seattle,+WA+98116-3705?entry=gmail&source=g>
>>
>> Seattle, WA 98116-3705
>> <https://www.google.com/maps/search/3909+California+Avenue+SW+%0D%0A+Seattle,+WA+98116-3705?entry=gmail&source=g>
>>
>> <https://www.google.com/maps/search/3909+California+Avenue+SW+%0D%0A+Seattle,+WA+98116-3705?entry=gmail&source=g>
>>
>> (206)938-5500 <(206)%20938-5500>
>>
>> heatherd at westseattlelaw.com
>>
>> www.westseattlelaw.com
>>
>>
>>
>> For your advance planning, Heather will be out of the office mid-October
>> (12th-22nd).
>>
>>
>>
>> UPDATE: deVrieze | Carney PLLC will be CLOSED on FRIDAYS through January
>> 1, 2027, returning to a five day work week January 4, 2027
>>
>> *Click here to connect with de Vrieze | Carney on Facebook: *  *[image:
>> FB Logo]* <https://www.facebook.com/DeVriezeCarney>
>>
>>
>>
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>>
>> *From:* wsbapt-bounces at lists.wsbarppt.com <
>> wsbapt-bounces at lists.wsbarppt.com> *On Behalf Of *Diane Kiepe
>> *Sent:* Monday, September 28, 2026 4:15 PM
>> *To:* WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
>> *Subject:* Re: [WSBAPT] Amending Trust where Family Is Not in the Terms
>>
>>
>>
>> I am in the habit of listing the names and you could even say (as to the
>> children), whose names currently are.....
>>
>>
>>
>> Some attorneys put down the current name and then a FKA name.
>>
>> <https://www.google.com/maps/search/200+N.+Mullan+Rd.,+Suite+203+%0D%0A+Spokane+Valley,+WA+99206?entry=gmail&source=g>
>>
>>
>> Diane Kiepe, J.D., LL.M. Taxation
>>
>> Kiepe Estate and Probate, PLLC
>>
>> diane at kiepelaw.com
>>
>> 200 N. Mullan Rd., Suite 203
>> <https://www.google.com/maps/search/200+N.+Mullan+Rd.,+Suite+203+%0D%0A+Spokane+Valley,+WA+99206?entry=gmail&source=g>
>>
>> Spokane Valley, WA
>> <https://www.google.com/maps/search/200+N.+Mullan+Rd.,+Suite+203+%0D%0A+Spokane+Valley,+WA+99206?entry=gmail&source=g>
>>
>> <https://www.google.com/maps/search/200+N.+Mullan+Rd.,+Suite+203+%0D%0A+Spokane+Valley,+WA+%C2%A0++99206?entry=gmail&source=g>
>> 99206
>> <https://www.google.com/maps/search/200+N.+Mullan+Rd.,+Suite+203+%0D%0A+Spokane+Valley,+WA+99206?entry=gmail&source=g>
>>
>> 509-808-2087 <(509)%20808-2087>
>>
>> <https://www.google.com/maps/search/200+N.+Mullan+Rd.,+Suite+203+%0D%0A+Spokane+Valley,+WA+%C2%A0++99206?entry=gmail&source=g>
>>
>> Confidentiality Notice: This page and any accompanying documents contain
>> information that is confidential, privileged, or exempt from disclosure
>> under applicable law and is intended for the exclusive use of the
>> addressee. This information is private and protected by law. If you are not
>> the intended recipient, you are hereby notified that any disclosure,
>> copying, distribution, or use of the contents of this information in any
>> manner is strictly prohibited.
>>
>>
>>
>>
>>
>> On Mon, Sep 28, 2026 at 3:59 PM Brent Williams-Ruth <
>> brent at williams-ruthlaw.com> wrote:
>>
>> I have an RLT done by another attorney. The attorney did not have a
>> paragraph in the terms that specifically identified the family and issue of
>> the Trustor, but stated that she is married and has kids from a prior
>> marriage in the preamble recitals.
>>
>>
>>
>> As I am doing the amendment - should I just include an update to this?
>> The issue is that one child has married and has a different name; another
>> child has transitioned and has a new legal name.
>>
>>
>>
>> I had not encountered this before where I couldn't simply write "Amend
>> Paragrah 1.5 to say......" because they are in the list of recitals that
>> are not enumerated but "Witnesseth"
>>
>>
>> *Brent Williams-Ruth* (pronouns: he/him)
>> *Attorney-At-Law*
>>
>> *Law Offices of Brent Williams-Ruth, **a division of BWR Consulting,
>> PLLC*
>>
>> *Physical Address: 500 S 336th Street, Suite 214; Federal Way, WA 98003
>> <https://www.google.com/maps/search/500+S+336th+Street,+Suite+214;+Federal%0D%0AWay,+WA+98003?entry=gmail&source=g>*
>>
>> *Mailing Address:** PO BOX 3319; Federal Way, WA 98063 *
>>
>> Office/Scheduling Phone: (253) 285-7751
>>
>> For All Meetings & Scheduling: info at williams-ruthlaw.com
>>
>> e-mail <Brent at Williams-RuthLaw.com> / website
>> <http://www.williams-ruthlaw.com/> / facebook
>> <http://www.facebook.com/bwrlaw> /
>>
>> ***Disclaimer: Please note that RPPT listserv participation is not
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> ***Disclaimer: Please note that RPPT listserv participation is not
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