[WSBARP] Separate Living Trusts for Husband and Wife?

[Jane Seymour]

Start over. Replace the existing trust instrument in its entirety be writing a "First Amendment and Restatement" of the trust (almost as if they had no previous trust), using your best ideas. This avoids tedious, convoluted references to the old trust agreement. This assumes both are living and not divorcing.
Jane

Sent from my iPhone

> On Oct 25, 2016, at 10:05 AM, Thomas S. Hayward <tom at tsh-law.com> wrote:
> 
> Dear Members:
>  
>             Clients have been married forever.  All assets (real estate in various states) were acquired during their marriage. No separate property issues.  The couple followed their children here from Virginia 12 years ago.  Estate plan drawn by deceased Virginia counsel in 1999 includes separate Living Trusts for each spouse with no apparent rhyme or reason as to which trust acquires a certain property - 75% of total in wife’s trust. 
>  
>             Can anyone offer rational for having separate trust for the wife and husband?   Cumbersome to amend. 
>  
>             Thank you. 
>  
> Thomas S. Hayward
> Attorney
> 1000 2nd Avenue, Suite 1750
> Seattle, WA 98104
> 206 682 4501 (office)
> 206 595 1621 (cell)
>  
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