What are the three requirements to validly execute a Revocable Living Trust in Washington?

Under Washington law (RCW 11.98.010), a Revocable Living Trust is validly created when: 1. The Settlor (the person creating the trust) has the capacity to create a trust 2. The Settlor indicates an intention to create the trust 3. The trust has a definite beneficiary — or is a charitable trust, a trust for the care of an animal, or a trust for a valid non-charitable purpose Washington does not require a trust to be notarized to be valid — but notarization is required for the trust to be recorded with real property (deeds) and is strongly recommended for all trusts to ensure acceptance by financial institutions.

What's the difference between a will and a living trust for a single person?

A will takes effect only after you die and must go through probate — a court-supervised process that can take months and cost thousands of dollars in legal fees and court costs. A living trust takes effect immediately, allows your assets to pass directly to your beneficiaries without probate, and also provides a mechanism for managing your affairs if you become incapacitated. For single individuals who own real estate or have significant assets, a living trust is almost always the more efficient and private option. Without a trust, your estate is subject to public disclosure through the probate process — anyone can look up what you owned and who received it.

What is trust funding and why does it matter?

Funding the Trust means opening accounts and titling property in your name as Trustee of your Trust — rather than in your name individually. For the greatest protection, after signing your trust documents: 1. Take a copy of the trust to your bank 2. Open a Trust Checking Account and Trust Savings Account 3. Transfer your money into those accounts The purpose of funding is twofold: • It gives the Successor Trustee access to funds (in conjunction with a Power of Attorney for Finances) while you are still alive — to care for you if you become incapacitated • It avoids probate upon death by keeping assets inside the trust rather than in your individual name An unfunded trust is one of the most common — and costly — estate planning mistakes. A trust only controls what has been transferred into it.

Who should I name as Successor Trustee?

Your Successor Trustee is the person who manages your trust assets if you become incapacitated, and who distributes them after your death. Choosing the right person is as important as the document itself. Good qualities in a Successor Trustee: • Honest and detail-oriented • Good communicator — especially with beneficiaries • Financially responsible • Willing and able to serve • Lives in the same county as the property (for real estate matters) Common choices: • Adult child — most common; works well when the child is responsible and the beneficiaries get along • Sibling or other trusted family member • Close friend • Professional trustee or bank — appropriate for large estates or when family dynamics make a neutral party preferable Always name at least one alternate Successor Trustee in case your first choice is unable or unwilling to serve.

What is a Beneficiary Sub-Trust and how does Schedule A work?

A Beneficiary Sub-Trust is a trust created inside your Revocable Living Trust for the benefit of a specific beneficiary — typically an adult child. Rather than receiving an outright distribution at your death, the beneficiary's share is held in a sub-trust managed by a Successor Trustee until the beneficiary reaches a designated age (commonly 25). Schedule A is the exhibit attached to your trust that lists the specific assets assigned to each beneficiary's sub-trust. It serves as the roadmap for the Successor Trustee — identifying which assets go to which beneficiary and in what proportion. When a beneficiary reaches the Free of Trust age and receives their sub-trust distribution, they should already have their own estate plan in place — including their own Revocable Living Trust and Powers of Attorney.

What is a Spendthrift Clause and why is it important?

A Spendthrift Clause prevents a beneficiary from selling, assigning, or pledging their interest in the trust's principal or income to secure credit or pay off debts. The trust itself remains the legal owner of the assets, and the Successor Trustee manages and distributes them according to the terms set by the Grantor. Why it matters: • Protects beneficiaries from themselves — especially those who may be financially irresponsible, susceptible to addiction, or vulnerable to poor financial decisions • Shields the inheritance from the beneficiary's creditors, lawsuits, and potentially divorce settlements • Encourages financial discipline — often paired with an age restriction (age 25 is typical for distributions free of trust) All Revocable Living Trusts in Washington State are Spendthrift Trusts by default.

What is a no-contest clause — and does it actually prevent a trust challenge?

A no-contest clause (also called an in terrorem clause) is a provision in a trust that states: if a beneficiary contests the trust and loses, they forfeit their inheritance. The honest answer: no-contest clauses only work if the beneficiary has something meaningful to lose. A beneficiary who stands to receive $1, $200, or even $5,000 has very little to risk by contesting. What no-contest clauses cannot do: • They do not deter contests based on lack of capacity, undue influence, or fraud — Washington courts will not enforce a no-contest clause against a beneficiary who had probable cause to bring such a challenge. • They do not prevent disinheritance contests — a completely disinherited person has nothing to lose. The better approach to disinheritance: The most effective tools are non-probate transfers that operate entirely outside the reach of a Will or Trust: • Transfer on Death Deeds for real estate • Beneficiary Designations for 401(k) accounts, IRAs, and life insurance • Payable on Death designations for bank accounts These transfers pass directly to the named recipient at death — bypassing probate, bypassing the trust, and bypassing any would-be contestant entirely.

Christopher S. Mulvaney, Esq. — Attorney-and-Counselor-at-Law — Professionalism with Integrity — WSBA#33595 — Licensed Only in Washington State

[email protected]Bellevue, WA

Single Revocable Living Trusts

Trusts Overview

Washington State Estate Planning

Probate-free, private, and fully in your control — for as long as you live.

RCW Chapter 11.98 — Trusts (Revised Code of Washington)

A Single Revocable Living Trust is the cornerstone of an estate plan for unmarried individuals — whether never married, divorced, or widowed. It avoids probate, provides seamless incapacity planning, keeps your affairs private, and ensures your assets pass to the people you choose, in the way you choose, without court involvement.

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