[WSBARP] Testamentary Trust

[Jim Doran]

Josh:

See my last response to John Sullivan.  I was not clear in my first
message.

Jm Doran
James R. Doran
Attorney at Law
100 E. Pine Street -  Suite 205
Bellingham, WA 98225
(360)393-9506
jim at doranlegal.com
www.doranlegal.com


On Tue, Sep 7, 2021 at 10:11 AM Josh Grant <jgrant at accima.com> wrote:

> I just do a trust in a will.  simpler.
>
> *Joshua F. Grant*
> [image: advocates]
> P. O. Box 619
> Wilbur, WA 99185
> 509 647 5578
>
> *From:* Jim Doran
> *Sent:* Tuesday, September 07, 2021 9:18 AM
> *To:* WSBA Real Property Listserv
> *Subject:* [WSBARP] Testamentary Trust
>
> I might have to learn something today.  I try not to.
>
> We all know that Testamentary Trusts are contained in a Will by the
> testator.  The terms of the Trust may be well spelled out or general,
> depending on how the Will was drafted.  I have been advised that if the
> Will spells out the terms of the Trust in good detail then that Will with
> the Testamentary Trust can be used as the Trust itself.
>
> I have always thought that the Will directs the Executor/Personal
> Representative to set up a Trust to conform with the directions in the
> Will.  As a result, my practice has been to draft a Trust with the
> provisions directed by the Will and more of the standard Trust language and
> have the Executor/Personal Representative, who is now the Grantor/Trustor,
> set up, execute and fund the newly drafted Trust.
>
> Is this how you learned Trust attorneys do it?  Or can the Will with
> Testamentary Trust language become the Trust document itself?
>
> James Doran
> James R. Doran
> Attorney at Law
> 100 E. Pine Street -  Suite 205
> Bellingham, WA 98225
> (360)393-9506
> jim at doranlegal.com
> www.doranlegal.com
>
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