Legal Question in Wills and Trusts in Washington

Assets

Our 91 year old grandmother, who has kept her will updated over the years,is now being advised by a ''friend'' to cash in all of her assets and put the cash in a trust naming him as trustee. I think the advise is mis-guided, and I'm worried she will have extreme tax liability if she cashes in everything,plus i am not completely trusting of this friend.


Asked on 2/05/07, 10:29 pm

2 Answers from Attorneys

Elizabeth Powell ELizabeth Powell PS Inc

Re: Assets

Does your grandmother live in Washington State? If so, here's my take on this situation:

Many people have bought into the notion that probate is expensive and messy and time consuming because that's the way it is in California, and here, that simply is not the case.

There is only really one good reason to write a trust, and that's if your Grandma's assets are more than 1.2 million. If yes, then a trust will provide better tax planning and that's to your benefit. If no, then there is really nothing to be gained or lost by writing a trust. That's not the same as "cashing in everything", though.

That a non-relative would suggest this certainly suggests that your grandma's new best friend is up to no good.

You are right to be wary.

That said, what she chooses to do with her estate is entirely up to her so long as she is competent.

Your grandma would do well to make an appointment with the lawyer who has been drafting her wills for a checkup, just to make sure that her estate planning is still appropriate.

If the friend advises her not to talk to her lawyer, then you should be sure to report what is going on to Adult Protective Services. That's a big red flag.

Financial fraud on the elderly is sickening, but it happens. I've seen it in my practice.

Your sense that all is not right with her new friend is a valuable insight. Real friends would not dream of naming themselves trustee of a friends' estate.

Hope this helps.

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Answered on 2/06/07, 1:10 am
Bruce Busch Bruce R. Busch, Attorney at Law

Re: Assets

For what it's worth, I completely agree with Ms. Powell's response and I do not know Ms. Powell. Trusts in Washington are COMPLETELY overrated. And I would assert that your grandmother's estate would need to be worth over $2 million for a very specific type of trust to make sense.

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Answered on 2/06/07, 11:00 am


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