[WSBAPT] Trust distribution question

[steve mcconnell]

Trustor dies leaving assets available for distribution in a distribution trust. The assets of the distribution trust are to be distributed to 3 siblings, x, y and z, on a per stirpes basis. Z predeceases trustor leaving 2 children, z1 and z2. At that point the distribution would be one third to x, one third to y and one sixth to z1 and z2. During the course of the administration of the distribution trust  x dies, leaving a will with multiple beneficiaries including x’s 2 children, x1 and x2. I believe that x’s interest in the distribution trust vested upon trustor’s death and therefore x’s interest in the distribution trust goes to his estate to be distributed in accordance with the terms of his will. The other argument is that x’s interest in the distribution trust goes, on a per stirpes basis, directly to x’s children, x1 and x2. Thoughts?

Thanks in advance.


Steven M. McConnell
Attorney at Law
144 Railroad Ave., Suite 308
Edmonds, WA  98020-4100
Tel:  (206) 783-0201
Fax: (206) 789-5199
Email:  smcconnelllaw at hotmail.com<mailto:smcconnelllaw at hotmail.com>


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