[WSBAPT] Reform a Trust?

[jeffrey winter]

Listmates,

Decedent executed a revocable living trust in 1994 that designated a
step-son as successor trustee and sole beneficiary on decedent's death.
No contingent beneficiaries or trustees were named.  Decedent had no
children of his own, and was predeceased by his spouse.  

Some time in 2009, decedent visited a different lawyer and executed a Last
Will and Testament naming a nephew as PR and sole beneficiary.  No mention
was made of the RLT.  Evidently, the step-son had died by that point.
However, the decedent's only substantial asset was his real property which
is still titled in the name of his RLT.

Decedent passed a few days ago, and the wife of the nephew is trying to
pay his bills.  

My thought is a TEDRA action to appoint the nephew as successor trustee of
the RLT and to reform the RLT to comport with the decedent's 2009 Will
(leaving everything to the nephew).

Any thoughts?  Is there anyone who has done this and might be willing to
share their pleadings?

Thank you, in advance....




Jeffrey D. Winter

Law Office of Jeffrey D. Winter, P.S.
604 North Main Street
Ellensburg, WA 98926
(509) 925-9600 tel.
(509) 925-9606 fax


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