As Washington trust lawyers, we work with individuals, couples, and property owners across Washington who want more control over how their assets are managed and distributed upon death. A trust is one of the most effective tools for achieving that control. Unlike a will, which only takes effect after death, a trust can operate during the lifetime of the trust creator and continue long after that person’s death.
Trusts also have advantages, such that the assets held in the trust usually are not subject to probate. Trusts can also sometimes be used as part of succession planning, and, in some cases, trusts may help reduce estate taxes.
If you are interested in learning more about how a trust may be beneficial, please call our trust lawyers at 425-645-4684. As trust attorneys, we help clients in Everett, Mukilteo, Marysville, Lake Stevens, Lynnwood, Arlington, and throughout Snohomish County and beyond understand how trusts can play a key role in a comprehensive estate plan.
What Is a Trust?
A trust is an arrangement whereby property is held for the benefit of one or more persons or entities (called the “beneficiary” or “beneficiaries”). Such property is managed by a trustee, and the person contributing money is referred to as the “grantor” or “trustor”. Once property is contributed to the trust, such property is no longer legally owned by the trustor.
How Can Trusts Be Used?
Trusts can be used to avoid probate, provide for children, safeguard loved ones with special needs, and protect family wealth. They also offer greater privacy and flexibility compared to wills.
How Does a Trust Work in Washington?
When a trust is created, the grantor transfers ownership of assets into the trust. A trustee is appointed to manage those assets according to the instructions outlined in the trust document. In the case of revocable trusts, the grantor typically will also serve as the initial trustee during their lifetime, with a successor trustee stepping in when the grantor dies or can no longer manage the trust.
How Can Trusts Be Beneficial in the Estate Distribution Process?
Trusts are particularly valuable in Washington because the assets in the trust are not usually subject to probate. As a result, beneficiaries often are able to receive assets sooner because transfers from a trust are not subject to mandatory probate waiting time periods. Additionally, because trust assets are not subject to probate, the asset transfer process is usually more private because the terms and nature of the assets included in the trust typically are not subject to the more public court process.
What Are the Different Types of Trusts in Washington?
As trust attorneys, we create trusts to address a wide range of family and financial goals. Washington law recognizes many different types of trusts, each serving a unique purpose. Understanding these options is important when building an estate plan that truly reflects personal wishes and protects loved ones.
The following are common types of trusts:
Revocable Living Trust
This is the most common trust used in Washington estate planning. With a revocable living trust, an adult will transfer assets into a trust whereby they are also the beneficiary (and usually also the trustee) of the trust. As Washington revocable trust lawyers, we frequently prepare these trusts for clients.
When significant new assets are acquired (such as land, a house, or a vehicle), these assets should be properly titled in the name of the trust. Financial accounts should also be titled in the name of the trust, and expenditures for the grantor are then paid from the trust in the same manner as if they were in a bank account.
A revocable living trust can be changed or revoked during the grantor’s lifetime, offering flexibility as circumstances evolve. Like other trusts, the assets of the trust are not subject to the probate process. This often makes a revocable trust the cornerstone of an estate plan, especially for those who want to keep their affairs private and streamline the transfer of property.
Irrevocable Trust
An irrevocable trust generally cannot be modified after it is created, but in exchange, it offers advantages that revocable trusts cannot. These trusts are often used for tax planning, asset protection, or charitable giving. For example, families with estates nearing Washington’s estate tax threshold ($3 million in 2025) may use irrevocable trusts to reduce the value of a taxable estate. They can also provide long-term protection for family wealth and potentially shield assets from creditors (provided that assets transferred into a trust were not done so to intentionally avoid creditors).
Testamentary Trust
A testamentary trust is created through a will and only comes into effect after death. These trusts are especially useful for parents who want to leave an inheritance for minor children but who do not want funds distributed all at once. Instead, the trust can direct distributions to cover education, healthcare, or living expenses until the child reaches a certain age.
Special Needs Trust
Families with children or dependents who have disabilities often rely upon governmental assistance programs like Medicaid. Because eligibility for governmental assistance programs is often dependent upon the financial assets of the person with the special needs, even a modest inheritance by the special needs person can result in the loss of governmental benefits.
Special Needs Trusts can be customized to provide ongoing support for children and vulnerable beneficiaries even after the death of the parents. Distributions can be delayed until beneficiaries reach a certain age, or structured gradually to cover education, health, and living expenses. For many Washington families, this planning offers peace of mind that children and dependents will be supported even in difficult circumstances.
A properly drafted special needs trust preserves eligibility for government programs while providing supplemental support for therapies, education, recreation, and personal care. In the case of a special needs trust, instead of assets being given directly to the special needs individual, they are typically transferred to a special needs trust upon the death of the grantor (often the parent of a special needs child).
Creating a special needs trust itself is not sufficient to protect assets from being included as assets of the special needs individual when it comes to determining government benefits eligibility. In other words, one cannot simply create a trust for a special needs individual and call it a “special needs trust” and assume that the trust will not adversely impact potential government benefits. Instead, a special needs trust must be carefully drafted by a special needs trust attorney so that it includes specific provisions that will protect the assets from being counted as assets of the special needs individual for determining the eligibility for government benefit programs.
Charitable Trust
Charitable trusts allow families to support causes they value while also creating potential tax benefits. These trusts can provide an income stream for the donor during their lifetime and leave the remainder to a charitable organization, or assets can be contributed to a charitable trust upon the death of the donor.
Spendthrift Trust
A spendthrift trust is designed to protect a beneficiary’s inheritance from creditors or poor financial decisions.
For example, a parent may be concerned that a child will recklessly spend a large inheritance quickly, perhaps because the child may have a history of financial instability. A spendthrift trust can be used to distribute assets over time, and asset payments can be limited to specific categories (such as assets being paid for educational expenses).
Additionally, if a child receives a substantial inheritance from a parent when the parent dies, the entire inheritance will be subject to creditors. If, instead, the inheritance is placed in a trust and the child only receives trust assets (typically money) for certain matters, a creditor of the child will not be entitled to the assets held in the trust.
Pet Trusts
Pet trusts can be created to care for pets if they outlive the owner. Often it will be best for an owner to find someone who would be willing to care for the pets in such an instance, and a trust can then be used to fund the necessary assets that may be needed for such care.
At North City Law, we are not only Washington pet trust lawyers, but we are also huge dog fans. We appreciate the significant role that our pets play in our lives and strongly believe in the need to plan for contingencies to ensure that our pets are taken care of.
Can I Avoid Creditors By Contributing Assets to a Revocable Living Trust in Washington?
No. During a person’s lifetime creditors generally will be able to levy a judgment against assets placed in a revocable living trust. So if you create a revocable living trust for the benefit of yourself and place assets into that trust, your creditors will be entitled to seek assets from that trust.
Do I Still Need a Will If I Have a Trust?
Yes. Even when a trust is in place, nearly everyone will die with assets that are not specifically placed in trust. Non-trust assets could include assets like cash on hand and furniture and clothing to intangible assets, such as rights in a lawsuit. Often those who have a trust may also die before they have transferred title to vehicles or other assets to a trust. For these reasons, all adults should have a will.
A will also plays an important role that a trust cannot: it is the only document under Washington law that allows parents to nominate a guardian for minor children. Without this nomination, the court decides who will care for the children, potentially creating conflict among family members.
What Is a Pour-Over Will?
A pour-over will is a will that contains provisions that transfer assets not held in a trust prior to the death of a testator to a trust at the time of the testator’s death. The pour-over will thus acts as a safety net to ensure that all of a person’s assets that are desired to be transferred into a trust are transferred.
What Happens if a Person Has a Trust But No Will?
In Washington, if a person has a trust but no will, the assets that are subject to the trust will be managed and transferred in accordance with the trust. Assets owned by the decedent that were not included in the trust will be subject to Washington’s intestacy statutes, which specify who is entitled to inherit in situations in which there is no will. In such case, the people who inherit the non-trust assets may not reflect the decedent’s wishes.
For these reasons, a complete estate plan in Washington often includes both a will and a trust. The trust provides privacy, efficiency, and long-term management of assets, while the will ensures nothing is left out and that children are fully protected.
How Can a Trust Help Families Avoid Probate?
Although probate in Washington is simpler than in many other states, it still requires court filings, timelines, and public disclosure of estate details. A fully funded trust allows assets to transfer directly to beneficiaries without court oversight. This approach often saves time, maintains privacy, and reduces costs for families.
Can a Trust Reduce Taxes or Protect Assets in Washington?
Washington does not have an inheritance tax, but it does impose an estate tax on estates valued over $3 million (as of July 1, 2025). This “exemption” amount changes, and thus it is important to understand the exact exemption amount as it may exist in the future for tax planning.
The federal estate tax exemption is significantly higher than the exemption in Washington; for 2025 it is approximately $14 million for individuals, and $28 million for couples. The federal exemptions are currently set to increase in future years.
Certain irrevocable and charitable trusts can help reduce estate tax exposure. In addition, some trusts provide protection against creditors and ensure that family wealth is preserved for future generations.
Estate tax planning is complex, and the rules, regulations, and exemption amounts frequently change. As a result, all Washington residents with assets over $3 million should consult with an estate planning attorney and/or CPA to understand what tax planning may be advantageous.
How Often Should a Trust Be Reviewed or Updated?
Trusts should be reviewed regularly. Major life events such as marriage, divorce, the birth of a child, or significant financial changes often require updates. Even in the absence of major changes, we recommend reviewing trusts at least every three to confirm that they remain aligned with personal objectives and current Washington law.
How Does North City Law Support Clients With Trusts?
As Washington trust attorneys, we work with individuals and families across Snohomish County and beyond to design, update, and administer trusts. Whether the need is for a revocable living trust, a special needs trust, or a more complex financial arrangement, our role is to create documents that comply with Washington law and reflect each client’s priorities.
Our trust services include:
- Identifying the right type of trust for each situation
- Drafting clear and enforceable trust documents
- Coordinating trusts with wills, beneficiary designations, and other types of property subject to transfer on death
- Helping families protect privacy, preserve assets, and carry out their wishes.
For residents of Everett, Mukilteo, Marysville, Lake Stevens, Lynnwood, Arlington, and the surrounding Washington northwest communities and beyond, we are here to provide guidance with all aspects of trust planning and administration.
Call 425-645-4684 today to schedule a consultation with an experienced trust lawyer.