Revocable Living Trust

A revocable living trust holds property for the trustors during life and passes it at death without naming a personal representative. The draft covers the declaration and name, revocation and amendment, the trustors' rights during life, incapacity, successor trustees, disposition after death to a surviving spouse, then to descendants by representation with a holdback until age 25, then to a final taker, spendthrift protection, trustee powers, and a schedule of trust property. A joint trust is created by spouses together.

Who it is for

Washington residents, single or married, who want to name who manages their property if they cannot and who receives it afterward. Ask a Washington attorney whether a trust fits your situation or whether a will alone does.

Signing requirements

• The trustor signs the trust as trustor and as trustee. In a joint trust, both spouses sign.
• A notary completes a notarial acknowledgment for each trustor. This document provides for no witnesses.

On signing day, the app collects

• City and date of execution
• Notary

After drafting

• The will can pour over to this trust; sign the trust before or on the same day as the will.
• A trust holds only property that has been transferred to the trustee, so accounts and real property still have to be retitled.
• The Attorney Memo export lists every choice and advisory for counsel to review, with a funding checklist.

Statutes cited

• RCW 11.103.020
• RCW 11.103.030
• RCW 11.103.040
• RCW 11.98.011
• RCW 11.98.070
• RCW 11.02.005
• RCW 6.32.250
• RCW 26.16.030

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This is a draft to bring to a Washington attorney. It is not legal advice.