<div dir="ltr"><div class="gmail_default" style="font-size:small">Listmates - </div><div class="gmail_default" style="font-size:small"><br></div><div class="gmail_default" style="font-size:small">PC came in with a Trust signed in 1992. H has passed, and W is surviving Settlor/Trustor/Trustee. The Trust has three children who are beneficiaries upon death of W. It recently came to light that one of the children committed a murder that was proven by DNA evidence. Since this child will likely be spending the rest of their life in prison, W wants to limit how much that child receives. As it stands, the trust is set to split 33 and 1/3% to each child. </div><div class="gmail_default" style="font-size:small"><br></div><div class="gmail_default" style="font-size:small">The problem that I see is this: there is a paragraph that seems to make the beneficiaries irrevocable. The pertinent language is: "Irrevocability: Except as otherwise provided in the Declaration, on the death of either Settlor, the designation of beneficiaries of specific gifts in the trusts created by the Declaration shall become irrevocable and not subject to Amendment or Modification for the separate property of the deceased Settlor and one-half of the community and joint property. (The Surviving Settlor retains the rights to amend or modify the designation of beneficiaries and distribution only as to his or her own separate property and his or her one-half interest in community and jointly held property)". </div><div class="gmail_default" style="font-size:small"><br></div><div class="gmail_default" style="font-size:small">My reading of that indicates she can amend the trust in regard to her half of what is in the trust (since I believe that everything is community/joint), but the child she wishes to change the amount for would still be entitled to 33 and 1/3 of the H's half of the community/joint property. She wishes to leave him a sum certain rather than a percentage.</div><div class="gmail_default" style="font-size:small"><br></div><div class="gmail_default" style="font-size:small">My question is this: I can see that she cannot remove a beneficiary completely. Could she change the percentages, such as give two kids 49% each and the one in prison 2%, or could she give the one child a sum certain that comes off the top and then split the remainder 50/50 between the other kids? I suspect that she can do this, but I am not sure (I'm still figuring all the ins and outs of Trusts out), but I also suspect that she could leave him 0% but that he would still get 33 and 1/3 of her deceased husband's half of the joint estate. Any clarification on my thinking, or even a you are thinking along the right way would be truly appreciated. If anyone knows a way to leave the child in prison out except a sum certain, I would appreciate being pointed in the right direction or a statue or to some case law or something that would help me do that. Thanks to all in advance for your help. Have a good evening. </div><div class="gmail_default" style="font-size:small"><br></div><div><div dir="ltr" class="gmail_signature" data-smartmail="gmail_signature"><div dir="ltr"><div><div dir="ltr"><div>Kirsten A. Samwel</div>
<div>Attorney at Law</div><div>Samwel Cousineau, PC</div>
<div>700 W. Evergreen Blvd.</div>
<div>Vancouver, WA 98660</div>
<div>Ph: (360)750-3789</div>
<div>Fax:(360)750-3788</div>
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