[WSBAPT] Trust distribution question

[Marcus Fry]

I would just add double check the trust language as  I just dealt with a trust that required surviving to distribution as opposed to surviving the death of trustor.

Marcus J. Fry
Lyon, Weigand & Gustafson, P.S.


From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Roger Hawkes
Sent: Thursday, October 05, 2017 7:39 AM
To: 'WSBA Probate & Trust Listserv'
Subject: Re: [WSBAPT] Trust distribution question

I concur.

Roger Hawkes, WSBA 5173
19909 Ballinger Way NE
Shoreline, WA 98155
www.hawkeslawfirm.com<http://www.hawkeslawfirm.com/>
206 367 5000 voice
206 367 4005  fax

From: Eric Nelsen [mailto:Eric at sayrelawoffices.com]
Sent: Wednesday, October 4, 2017 2:41 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Trust distribution question

I agree that beneficial right to distribution from the trust vested at the time Trustor died. If X survived Trustor, then X's Estate is the proper recipient of X's share of the trust assets.

Unless the trust provision specifically reads otherwise.

Sincerely,

Eric

Eric C. Nelsen
SAYRE LAW OFFICES, PLLC
1417 31st Ave South
Seattle WA  98144-3909
phone 206-625-0092
fax 206-625-9040

From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of steve mcconnell
Sent: Wednesday, October 04, 2017 2:24 PM
To: wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Trust distribution question


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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