Legal Question in Wills and Trusts in Washington

living trust

My uncle is thinking to put all his assets into the living trust and I would be the only trustee.If he passed away,I would be the only person controlling the whole assets. Can my status change from trustee to grantor if I put my children in the living trust?

I want to put the assets in the will so my children can inherite them after I pass away. How can I do that since the assets are under the name of living trust? Avoid to pay heavy taxes are our goal.

We are living in Seattle, Washington.

Your kindness and prfoessional advice would be much appreciated.


Asked on 10/09/05, 4:40 am

2 Answers from Attorneys

Bruce Busch Bruce R. Busch, Attorney at Law

Re: living trust

Those are all good questions. Unfortunately, any attorney will need additional information to respond appropriately to these questions. Has your uncle's trust already been set up? Does he truly need a trust? What is the size of his estate? It may be the case that there are no tax advantages to setting up a Revocable Living Trust. Further, I'm uncertain of the reason for listing your children under your uncle's trust. You should be addressing your children in your estate plan (Will or Trust). Your uncle would identify your children as contingent beneficiaries if something were to happen to you. I do reside in Seattle. If your uncle has not yet set up his estate plan I would be happy to assist him (or you).

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Answered on 10/10/05, 11:23 am
Elizabeth Powell ELizabeth Powell PS Inc

Re: living trust

Living trusts are an excellent estate planning tool and require the attention of a highly specialized attorney in order to address all the inherent issues.

There is little point in engaging in this kind of planning in the absence of substantial assets.

Because you are dealing with a substantial estate, please make sure that you are deploying these assets in the manner most calculated to provide you the tax planning advantages you seek.

In plain english, the internet and a free website is the LAST place you should be looking for estate planning answers. If the living trust was written by an attorney, pony up an hour and go ask that person how the trust addresses the questions you raise here.

If the living trust was not written by an attorney, well, you are on your own. I just cannot help you here because of the absence of specific information provided in your question.

Best of luck. Powell

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Answered on 10/09/05, 12:35 pm


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