[WSBAPT] Does part of the gift to a H and W lapse if H predeceases Trustor?

[Kristina devore]

Hi all,

Potential client has been named successor trustee under a RLT.  The trustor recently passed and now potential client is beginning to administer the trust.  The trust makes a specific distribution to X & Y, who are husband and wife and leaves a portion of the residuary to X & Y.  X predeceased the Trustor and the language in the trust does NOT specify that the distributions will go to the survivor of the two of them.

My question is, how do these gifts get construed?  If the gift is “my house to X & Y” and nothing further, does the house go to Y now that X is deceased?  Or does a ½ interest in the house go to Y and the other ½ interest lapse and get distributed with the remainder estate?  And for the residuary, if the gift is 40% to X & Y (does not specify all to the survivor), 40% to A and 20% to B, does Y keep the entire 40% of the gift to X & Y now that X is deceased? Or does Y only keep ½ and the other ½ get redistributed among the other residuary beneficiaries?

Also, if Y takes the entire distributions (the house and 40% of the remainder) are there extra steps that the successor trustee must take to show what happened ie describe in a deed to the house that the distribution went to X & Y and now that X is deceased it all goes to Y and attach X’s death certificate?

Any input and thoughts are greatly appreciated!

Kristina



Kristina S. DeVore | Attorney & Counselor at Law
KRISTINA DEVORE LAW FIRM, pllc | 201 NE Park Plaza Dr., Ste., 290 | Vancouver, WA  98684
Phone: (360) 695-0535 | Fax (360) 737-4154 | Kristina at devore-law.com




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