Distribution Pursuant to a Separate Written Document

[Curly_112]

My question involves estate proceedings in the state of: Washington

A woman told me I'd receive her boat upon her death as part of her will. Her niece,as personal rep.,has told me I have no right to the boat. The will refers to the trust for distribution of personal property and the trust says the trustor may execute a separate written document describing how to distibute personal items following the provisions of RCW 11.12.260,and that such writing would control distribution of the items above all else. The estate has provided me a written document detailing how items are to be distibuted that states I am to receive the boat and through some digging, I have found out that the niece (listed as executor) has followed the written document substantially.The document complies fully with 11.12.260. However,the estate says the writing isn't valid b/c it was part of a different trust that was revoked in 2010. The document itself makes no mention of a previous trust and the only language relating to a will is that the niece is listed in the document as "executor".

If the list fully complies with the statute 11.12.260 as a separate written document, what difference does it make that one trust has been revoked? The whole point of a separate writing is that it is separate.

In the opinion of the forum here, Does the separate writing I have,which complies with RCW 11.12.260,control the distribution of personal property of the trust?

Thank you for your opinions.

[Mr. Knowitall]

It is quite possible that a court would find that a list of property to be distributed pursuant to the terms of a revoked trust was revoked along with the trust, not that it remained lurking in the background and became active again if a future estate planning document referenced such a list. If a new list was created, odds are the court would find that the old list was revoked and/or replaced. If no new list was created there could be a question of fact as to intent. The outcome could turn on a lot of factors not known to us, including (but not limited to) the language of any revocation of the prior trust, the language of the new trust, whether or not there was a new list of property associated with the new trust, other writings in which the decedent expressed her wishes and when they were made....