[WSBAPT] Most cost-effective approach - probate with short termtrust

[Sara Longley]

If your PC is one of the PRs and the real property is still in the estate, what's stopping the sale? 

After the sale, I see no reason the estate PRs cannot petition for instructions from the court to distribute the proceeds directly to the beneficiaries, since the time has passed for the trust holding period. 

The same petition could request removal of the trustee, distribution of the trust principal, and termination of the trust.

What am I missing?

Sara D. Longley, JD, LL.M.
1734 NW Market Street 
Seattle, WA 98107
(206)434-5644
Sara at Longley-law.pro


-----Original Message-----
From: "G. (Gus) Benjamin Lindsey III" <lindsey3 at gbl3law.com>
Sent: ‎4/‎28/‎2017 8:54 AM
To: "'WSBA Probate & Trust Listserv'" <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Most cost-effective approach - probate with short termtrust

Good morning,
 
I have this somewhat odd probate issue that I’m coming into late. I do not have a lot of information because the PC is on international travel until next week.
 
Decedent was parent of PC. Decedent’s will identified PC and another sibling as co-personal representatives for the estate. There are seven siblings in total (I think) and the will divides the property equally among the siblings.
 
The will called for the residue of the estate to be placed into a trust for the benefit of decedent’s children with the proceeds disbursed one year after decedent’s death. Decedent died over two years ago.
 
The estate seems to be worth about $500,000 most of which is real property. The will appoints decedent’s attorney, who also drafted the will, as the trustee. The will makes no provisions for a successor trustee. 
 
The estate is currently in probate. It does not appear that any of the estate, including the real property, has been transferred to the trust.  The only remaining estate asset is the real property.  (The trust may be funded with a small amount of money from decedent’s bank account.)
 
All of the heirs are in agreement and want to  move forward with selling the property and distributing the proceeds. The attorney/trustee is apparently refusing to take this action. There is also a potential fee dispute related to the trustee taking payments for estate related work. 
 
The attorney/trustee has apparently expressed a desire to resign as trustee. 
 
I am trying to determine the most cost effective course of action given the limited assets of the estate and agreement among the heirs.
 
Would a TEDRA agreement suffice or is more required to deal with the will clause that seems to require the residue to be transferred to a trust? 
 
Thanks in advance!
 
 
Sincerely,
 
G. (Gus) Benjamin Lindsey III
Attorney-at-Law

 
The Law Office of G. Benjamin Lindsey III
2012 Grade Road, Suite 202
Lake Stevens, WA 98258
Phone:   (425) 263-9585
 
website: www.gbl3law.com
 
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