Questions about living trust, written in nevada, now living in washington

Asked over 5 years ago - Lynden, WA

I have my Mothers living trust, it was written up in Nevada, in 2002, now we all live in washington, will it still be honored in Washington?
Or do I need to rewrite the living trust and have it notitrized, in Washington?
My Father has past away and I would like to up date my mothers living trust and to add my son on it with the new house, but I'm legally married but my husband moved out, will he be able to touch the house or any thing in the living trust that will have my name on it?

Attorney answers (2)

  1. Frank A Selden

    Contributor Level 16

    Answered . Lynden is my adopted home town. Welcome to the neighborhood.

    Yes, the trust is valid in WA as long as it was valid when executed in Nevada. My condolances at the passing of your father.

    You need to proceed carefully here, perhaps get some competent advice. I fully recommend Keith Bode. He is in fact one of the reasons I am an attorney today. The issue is that depending on the terms of the living trust there may be a requirement to allocate part of the trust as now an irrevocable trust. I have seen this ignored in the past because the surviving spouse didn't realize what the terms of the trust meant only to have to recalculate everythign later at great expense.

    Your final question only enhances my concern that you speak to someone like Keith. If the trust owns property (in its own name which it will if things are done properly) then your name is not on anything. You will have certain rights to beneficial ownership which might be able to be crafted carefully but perhaps not in the set-aside for an irrevocable portion. Depending on the wording of your rights it is possible to get a court order to forward the payments of those rights to a creditor.

  2. John Jay Kamrar

    Contributor Level 4

    Answered . The Nevada trust is probably valid in Washington. You will need the advice of legal counsel to determine whether any procedures should be taken in light of your father's death. Did he have a separate trust, or is this 2002 trust a joint living trust with your mother? Your mother may not need to rewrite any documents, but that is not clear from your description. You should also consult a lawyer concerning the matters you mention regarding your son and your husband. Should you wish to speak to me, you may call for an appointment at 354-3568. You may visit with me for no fee.

    John Kamrar
    105 5th Street, Suite 203, Lynden 98264

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