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

Mon Sep 28 20:10:43 PDT 2026

On DATE I created the TRUST. At that time my child CURRENT NAME was unmarried and named FORMER NAME; and my child CURRENT NAME, who currently identifies as [gender], previously identified as [gender] and was named FORMER NAME. As permitted by section 1.23 of my Trust I wish to amend my Trust by this instrument, both to memorialize my children's current names and to make changes in dispositions for my beneficiaries [etc.].

Section 1. I delete section 6.02 in its entirety and replace it with:

"Blah blah blah . . . "

Underlined gender identity language entirely optional but potentially clarifying.

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 Brent Williams-Ruth <brent at williams-ruthlaw.com>
Sent: Monday, 28 September 2026 16:34:41
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Amending Trust where Family Is Not in the Terms

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<mailto:info at williams-ruthlaw.com>

e-mail<mailto: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<mailto: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<mailto: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<tel:(509)%20808-2087>
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On Mon, Sep 28, 2026 at 4:19 PM Heather de Vrieze <heatherd at westseattlelaw.com<mailto: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

[cid:ii_1a0ea5213ff4ce8e91]

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>

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heatherd at westseattlelaw.com<mailto:heatherd at westseattlelaw.com>

www.westseattlelaw.com<http://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

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From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto: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<mailto: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<mailto: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<tel:(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<mailto: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<tel:(253)%20285-7751>

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

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

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