[WSBAPT] Successorship - EmailID20151104133349

[Lewis, Amy C.]

Mark,

                I have used Successor Affidavits successfully for the trustee of a revocable living trust to claim probate assets of modest value where there is a pour over Will.  However, I have experienced confusion on the part of some financial institutions.  I recommend including an explanatory cover letter and possibly providing a copy of the Will.


Amy C. Lewis, Attorney

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ESTATE PLANNING & PROBATE

1200 Wells Fargo Plaza | 1201 Pacific Avenue | Tacoma, WA 98402
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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of 1 Mark Mullins Law Office
Sent: Wednesday, November 04, 2015 2:01 PM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Successorship - EmailID20151104133349


What are your comments on claiming that a person, apart from his interest as a beneficiary of the estate or trust, who is nominated as Personal Representative can claim to be a "successor" under 11.62 (again, solely based on his position as the nominated PR)? How about the person named as successor trustee of a trust? This case involves a surviving spouse's recent death and the oldest son being the first living nominated PR of a pour-over will & first living nominated Trustee of a pre-existing revocable living trust.

The definition is

        (2)(a) "Successor" and "successors" shall mean (subject to subsection (2)(b) of this section): (i) That person or those persons who are entitled to the claimed property pursuant to the terms and provisions of the last will and testament of the decedent or by virtue of the laws of intestate succession contained in this title; and/or

I think the questions resolve to "Is a nominated personal representative entitled to the estate property?"  and, "Is a nominated trustee entitled to the trust property?"  Of course, each actor has a fiduciary duty to carry out his appointed job, but is he first "entitled" to the property over which he is to exercise control (even where that control is to give it to someone else)? I think the answer is yes, but I think the Small Estate process is designed to allow the ultimate beneficiaries to circumvent at least the Personal Representative's probate role where they've given the required state notices, paid or provided for all debts, and agreed together on the final disposition.

Sincerely,

Mark D. Mullins
Attorney at Law

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