Summary
Jurisdiction | Washington |
Chapter Details
Summary§3.1 | Introduction | ||
§3.2 | Intestacy | ||
(1) | Determining Heirs Entitled to Property | ||
(2) | Property Subject to Intestacy Statute | ||
(3) | Disposition if Decedent Is Survived by a Spouse/Domestic Partner | ||
(a) | Identifying Spouse/Domestic Partner | ||
(b) | Distinction Between Community and Separate Property | ||
(c) | Community Property Share for Spouse/Domestic Partner | ||
(d) | Separate Property Share for Spouse/Domestic Partner | ||
(4) | Disposition if Decedent Is Not Survived by Spouse/Domestic Partner | ||
(5) | Policies Affecting Inheritance | ||
(a) | Adoption | ||
(b) | Marriage of Parents | ||
(c) | Stepparents/Siblings | ||
(d) | Advancements | ||
(e) | Escheat to State | ||
§3.3 | Wills | ||
(1) | Types of Wills | ||
(a) | Wills Created in Compliance With Statute | ||
(b) | Nuncupative Wills | ||
(c) | Holographic Wills | ||
(d) | Reciprocal and Mutual Wills | ||
(e) | Conditional Wills | ||
(f) | Gifts Causa Mortis | ||
(2) | Statutory Formalities for Washington Wills | ||
(a) | Writing | ||
(b) | Witnesses | ||
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(3) | Revocation or Modification | ||
(4) | Separate Writing | ||
(a) | Tangible Personal Property | ||
(b) | Other Writings | ||
(5) | Potential Challenges to Validly Executed Will | ||
(a) | Testamentary Capacity | ||
(b) | Undue Influence | ||
(c) | Fraud in the Inducement | ||
(d) | Mistake | ||
§3.4 | Testamentary Trusts | ||
(1) | Use of Testamentary Trusts | ||
(a) | Tax Purposes | ||
(b) | Nontax Purposes | ||
(2) | Estate and Generation-Skipping Transfer Taxes | ||
(a) | Federal Estate Tax Issues | ||
(b) | Generation-Skipping Transfer Tax Exemption | ||
(3) | Trusts for Persons Other Than Spouse | ||
(a) | Trust Distributions | ||
(b) | Separate Share Versus Pot Trust | ||
(c) | Powers Granted to Beneficiaries | ||
(d) | Fiduciary Powers | ||
(4) | Asset Protection and Spendthrift Trusts | ||
(a) | Express and Implied Spendthrift Trusts | ||
(b) | Risks for Beneficiaries With Powers Over Trust Property | ||
(c) | Risks for Beneficiaries as Trustees | ||
(5) | Special Trust Provisions | ||
(a) | Trusts as Beneficiaries of Retirement Plans | ||
(b) | Limiting Future Modification of Trusts | ||
(c) | Incentive Trust Provisions | ||
(d) | Equalization Provisions | ||
(e) | Special Needs Trust Provisions | ||
(6) | Pet Trusts | ||
(7) | Resources for Further Research or for Forms | ||
§3.5 | Revocable Living Trusts | ||
(1) | Purpose and Use of Revocable Living Trusts | ||
(a) | Probate Avoidance | ||
(b) | Property Management | ||
(2) | Potential Issues With Revocable Trusts | ||
(3) | Requirements to Establish, Administer, Amend, and Revoke | ||
(a) | Forming the Trust | ||
(b) | Administration During Trustor's Lifetime | ||
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(c) | Power to Amend and Revoke | ||
(d) | Funding | ||
(4) | Tax Considerations for Trustor | ||
(a) | Estate and Gift Tax | ||
(b) | Income Tax During Trustor's Life | ||
(c) | Income Tax After Trustor's Death | ||
(5) | Creditor Issues | ||
(a) | During Lifetime of Trustor | ||
(b) | After Death of Trustor | ||
(6) | Administration After Trustor's Death | ||
§3.6 | Irrevocable Trusts | ||
(1) | Generally | ||
(2) | Directed Trusts | ||
(a) | Creation of Directed Trusts | ||
(b) | Statutory Trust Advisor | ||
(c) | Directed Trustee | ||
(3) | Decanting Trusts | ||
(a) | Procedure for Decanting a Trust | ||
(b) | Scope of Trustee's Decanting Authority | ||
(c) | Effects of Decanting a Trust | ||
§3.7 | Community and Separate Property | ||
(1) | General Principles | ||
(a) | Significance of Characterization | ||
(b) | Community Property | ||
(c) | Separate Property | ||
(d) | Characterization of Property | ||
(e) | Quasi-Community Property | ||
(2) | Agreements as to Status of Property | ||
(a) | Used for Nonprobate Transfers | ||
(b) | Authority Governing Agreement | ||
(c) | Considerations for Use in Disposing of Estate | ||
§3.8 | Committed Intimate Relationships | ||
§3.9 | Nonprobate Transfers | ||
(1) | Transfers Outside of Probate—In General | ||
(a) |
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