[WSBAPT] 11.98.072 Notice

[Jacob Menashe]

RCW 11.98.072, in subsection 1, says that a trustee must keep all qualified beneficiaries (defined by 11.98.002 to now include remainder beneficiaries) “reasonably informed about the administration of the trust and of the material facts necessary for them to protect their interests.” Subsections 2 and 3 spell notice that must be given. Subsection 5 says a trustor may waive or modify the notification requirements of subjections 2 and 3.

My query: Can the trustor waive the dictate of subsection 1 – the reasonably informed part? It seems to me that waiving 2 and 3 is fairly meaningless unless it applies to the overall charge in 1. How can you do 1 without providing the notice in 2. As I seem to be reading the statute, what exactly can the trustor waive? Or, in other words, can a person (other than the situation in subsection 3) ever set up an irrevocable trust without the trustee being required to keep the remainder beneficiaries reasonably informed!

Thanks,

Jacob

_______________________
Jacob H. Menashe
Hickman Menashe, PS
4211 Alderwood Mall Blvd., Suite 202
Lynnwood, WA 98036
(425) 744-5658 phone
(425) 744-6078 fax
Satellite Office in Bellevue
www.hickmanmenashe.com


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