<html><body><div style="font-family: Times New Roman; font-size: 12pt; color: #000000"><div>Eric makes great points as usual.</div><div><br></div><div>I have included in testamentary trusts for a beneficiary prone to drugs or alcohol with drug testing protocols, incentives for remaining clean, and authority for trustees to pay beneficiary's rehab or treatment services and any counseling services. <br></div><div><br></div><div><span name="x"></span>Very truly yours,<br>Maureen A. Wickert, Attorney at Law<br> <br> WICKERT LAW OFFICE<br><div><br></div>14900 Interurban Avenue South, Ste 255<br> Tukwila, WA 98168<br> Phone: 206-859-5502<br> Fax: 206-260-9005<br> www.wickertlawoffice.com<br> wickertlaw@comcast.net<br><div><br></div>This electronic message contains information which may be confidential and/or legally privileged. The information is intended for the use of the individual or entity named above. If you are not the intended recipient, be aware that any disclosure, copying, distribution or use of the contents of this transmission is prohibited. If you have received this electronic transmission in error, please notify me by telephone or by email immediately.<br><span name="x"></span><br></div><br><hr id="zwchr"><div style="color:#000;font-weight:normal;font-style:normal;text-decoration:none;font-family:Helvetica,Arial,sans-serif;font-size:12pt;"><b>From: </b>"Eric Nelsen" <Eric@sayrelawoffices.com><br><b>To: </b>"WSBA Probate & Trust Listserv" <wsbapt@lists.wsbarppt.com><br><b>Sent: </b>Thursday, January 7, 2016 10:05:11 AM<br><b>Subject: </b>Re: [WSBAPT] Drug testing requirement in Will<br><div><br></div>I have discussed it before with clients, and I have a faint memory of dealing with a Will once that had such a provision.<br><div><br></div>The essence of the problem from estate planning perspective is that the client wants a certain thing - for the daughter to be sober - and thinks that the drug test is a way to ensure that. But if the drug test is simply a condition precedent and there is a fixed date, then the daughter may simply be able to plan to be clean for that date. It also is necessary to specify the test or tests that would be done - "drug test" is so vague as to be useless. What method of testing? Urinalysis, blood test, hair, fingernails? What drugs?<br><div><br></div>Other questions - how many tests does she have to pass? When should the test take place? Does she get a second or third chance if she fails? Is the consequence truly "all or nothing" and has the client truly contemplated the possibility of the daughter receiving nothing simply on the strength of a single failed drug test? Is this truly helping the daughter to be sober? Or simply punishing her if she is not?<br><div><br></div>If I remember correctly, I think the last time I discussed this with a client who wanted it, we ended up setting up a trust instead. <br><div><br></div>Sincerely,<br><div><br></div>Eric<br><div><br></div>Eric C. Nelsen<br>SAYRE LAW OFFICES, PLLC<br>1320 University St<br>Seattle WA 98101-2837<br>phone 206-625-0092<br>fax 206-625-9040<br><div><br></div>-----Original Message-----<br>From: wsbapt-bounces@lists.wsbarppt.com [mailto:wsbapt-bounces@lists.wsbarppt.com] On Behalf Of Jennifer Johnson<br>Sent: Thursday, January 07, 2016 8:55 AM<br>To: WSBA Probate & Trust Listserv<br>Subject: [WSBAPT] Drug testing requirement in Will<br><div><br></div>Hello all,<br><div><br></div>I have a client that would like to include a requirement in his will that his daughter be required to pass a drug test before she can inherit a certain amount of cash.<br><div><br></div>I've never had the occasion to include this requirement in a will and I'm curious to hear what others think about this sort of provision or have experienced in probate when this requirement comes up.<br><div><br></div>I appreciate your input.<br><div><br></div>Thank you,<br><div><br></div>Jennifer<br><div><br></div>Jennifer M. Johnson<br>Hanigan Law Office, PS<br>360-795-3494<br><div><br></div>_______________________________________________<br>WSBAPT mailing list<br>WSBAPT@lists.wsbarppt.com<br>http://mailman.fsr.com/mailman/listinfo/wsbapt<br><div><br></div><br>_______________________________________________<br>WSBAPT mailing list<br>WSBAPT@lists.wsbarppt.com<br>http://mailman.fsr.com/mailman/listinfo/wsbapt<br></div><div><br></div></div></body></html>