[WSBAPT] Assets titled in RLT - missing trust doc

[Mike Winslow]

Perhaps an oversimplified response, but if the son and daughter are truly the ‘beneficiaries’, then the existence of the trust (or not) seems moot. This, if in fact, the transfer of the annuity is triggered by the death of the trustor and if the children, not the trust, holding for benefit of children, are the secondary beneficiaries.
I would request a copy of the actual beneficiary designation form to determine how the instructions to the annuity company are written. Particularly would be interested in what triggers transfer to the named beneficiaries and how the bens are identified.
 
Second thought, is to have daughter, as PR, sign a sworn statement of the non-existence of the trust instrument and submit that to the annuity company.
 
Michael A. Winslow
1204 Cleveland Ave.
Mount Vernon, WA 98273
Ph. 360-336-3321
Em. Mike at winslegal.com
 
This message is from an attorney, so it’s confidential. If you are not the intended recipient, it’s too late to stop reading this message, but you may not use it for any improper purpose. Huge Disclaimer available upon request.
 
From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Ashley Raymond
Sent: Tuesday, March 22, 2016 10:27 AM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Assets titled in RLT - missing trust doc
 
Decedent has a variable annuity. The owner is listed as his revocable living trust. He has his son and daughter listed as beneficiaries. However, there does not appear to be a revocable living trust. He executed his last will and testament on February 25, 2010. It looks like this annuity was issued March 29, 2010. 
 
I spoke to the attorney who drafted his will, and they confirmed there was no Revocable Living Trust.
 
The insurance company is saying they will not release the funds to the benes until they see a copy of the trust agreement, showing that PR (daughter) is listed as the successor trustee. Shouldn't insurance company already have received a copy of the trust or certificate of trust before listing the trust as owner?
 
Any suggestions appreciated.
 
Ashley Raymond, J.D., LL.M.
Ashley Raymond, PLLC
707 S. Grady Way, Suite 600
Renton, WA 98057
Ph: 425-496-7495 | Fax: 425-406-6331
ashley at ashleyraymondlaw.com
 
Bellevue Office:
110 110th Ave NE, Suite 100
Bellevue, WA 98004                         
 
Website <http://ashleyraymondlaw.com>  | Facebook <http://facebook.com/ashleyraymondlaw>  | Linkedin <http://linkedin.com/in/ashleyr>  | Avvo <http://www.avvo.com/attorneys/98188-wa-ashley-raymond-1441776.html> 
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20160322/6ba75485/attachment.html>