New Provisions for Revocable Living Trusts

Recent changes to Washington’s law on trusts and estates codify certain aspects of revocable living trusts. Here are a couple of the new additions to the statute:   A person must be at least 18 years old and of sound mind to create a revocable living trust.   The statute also sets out a 24 month time period to contest the validity of the trust and shortens that time period to 4 months if the trustee gives the proper notice.   Such a trust may be amended or revoked as set forth in the trust agreement. However, if the trust fails to address this issue, the statute allows a writing signed by the trustor to be used as an amendment or revocation. A Will written after creation of the trust will meet the definition of a writing that can amend or revoke the trust. Therefore, you will want to be careful that your subsequent Will does not frustrate the disposition of your assets as originally intended with the revocable living trust.

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