[WSBAPT] Testamentary Trust

[Eric Nelsen]

I think you're right--any distribution into a trust is essentially like a distribution to an heir. They would be subject to the security and clawback rules under Ch. 11.72 RCW<https://app.leg.wa.gov/RCW/default.aspx?cite=11.72&full=true> and the PR risks a fiduciary breach if s/he distributes funds and isn't able to recover them if they end up being needed to pay lawful debts of the Estate.

That said, I do advance distributions commonly enough, after advising the PR of the risks and benefits and letting the PR decide whether or not to do it.

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] On Behalf Of Anthony Vivenzio
Sent: Wednesday, August 14, 2019 2:13 PM
To: WSBA Listserv
Subject: [WSBAPT] Testamentary Trust

Some advice would be appreciated.  Decedent's will created a testamentary trust which contains several sub-trusts for individual children.  The trust names the successor trustee who will be acting due to the initial trustee's death.  The successor trustee wants to be able to fund portions of one or more of the trusts.  However, the decedent's estate has not completed probate.  Am I all wet in thinking that funding the testamentary trust and distributions thereunder cannot occur until the decedent's estate has completed probate?

Anthony D. Vivenzio,
Attorney and Counselor at Law
PO Box 208
540 Guard Street, Ste. 260
Friday Harbor, WA  98250
(360) 378-6860
vivenziolaw at rockisland.com<mailto:vivenziolaw at rockisland.com>

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