[WSBAPT] Appointment of successor trustee and notice requirements

[Lovie Bernardi]

Dear listmates,

Decedent's will gives all estate property to trustee for a trust to benefit her mom. Mom is named as PR, with cousin as alternate. Both declined to serve and sister has been appointed to serve as PR. Will also names mom trustee and cousin as alternate trustee. Both want PR sister to be trustee. (Will provides that trustee may appoint successor trustee.) RCW 11.98.039 provides that notice must be given of a vacancy in the office of trustee to each permissible distribute (Mom.) There are remainder beneficiaries named in the trust, but it does not appear that they must be notified of the vacancy in the office of trustee under RCW 11.98.039. My plan is to have mom sign a declination to serve as trustee and cousin to sign a declination and appoint sister as trustee. Then I will give notice to the remainder beneficiaries of the existence of the trust as required under RCW 11.98.072, after sister has accepted the office of trustee. Am I interpreting the notice requirements of these statutes correctly?

Finally, does anyone have forms they are willing to share for the mom to decline to serve and for the cousin to appoint sister as successor trustee? Thanks!

Lovie L. Bernardi
Flaherty & Bernardi, PLLC
3600 15th Avenue West #205
Seattle, WA  98119
(206) 682-2616

lovie at fb-lawfirm.com<mailto:joni at sbfirm.com>
http://fb-lawfirm.com<http://sbfirm.com/>

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