[WSBAPT] Micro managing the Trustee

[Dewey Weddle]

Nestor,

It is not uncommon for testators or trustors to want to impose all manner of restrictions and conditions regarding the distribution of their estates.  Most of the time they are trying to prevent a beneficiary from spending what they are to receive in a manner that the testator or trustor finds unwise or frivolous.  They want to control their beneficiaries from the grave.  I always try to dissuade clients from these kind of provisions unless the beneficiary is a drug addict or has some other condition that would make it unwise to drop a whole bunch of money in their laps.  It is simply too much to ask of trustees (especially unpaid trustees) to be constantly fielding calls from disgruntled beneficiaries.  The trustor should just give the beneficiary what he or she wants them to have, and let them spend it as they wish.  The beneficiaries will likely have fond memories of the trustors whose gifts made their lives a little easier.


Best regards,


Dewey ​​


Law Office of Dewey W. Weddle, PLLC

909 7th Street

Anacortes, WA 98221


Telephone: 360-293-3600

Fax 360-293-3700



________________________________
From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> on behalf of nestor at pplsweb.com <nestor at pplsweb.com>
Sent: Tuesday, August 27, 2019 5:35 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Micro managing the Trustee


I have a client that wants to micro manage the trustee after his death. She is coming up with numerous special circumstances and alternatives, that she may need to prepare a manual and insert it in the trust. I believe that this would scare off any trustee (these are friends serving without compensation) from serving. Can she leave a “statement of wishes”  that are not mandatory but advisory only?





Nestor Gorfinkel, Attorney at Law

Admitted to practice law in Washington & Florida

Florida Civil-Law (International) Notary

Puget Property Legal Services

2018 156 Ave NE

Bellevue, WA 98007

Tel. (425) 961-0519

Fax. (888) 522-3601



[cid:image001.jpg at 01D55CFD.CD5EA1B0]



ATTENTION - This e-mail message and any attachment to this e-mail message may contain confidential information that is legally privileged. If you are not the intended recipient, you must not review, retransmit, convert to hard copy, copy, use or disseminate this e-mail or any attachments to it. If you have received this e-mail in error, please notify us immediately by return e-mail or by telephone at the phone numbers provided herein and delete this message. Please note that if this e-mail message contains a forwarded message or is a reply to a prior message, some or all of the contents of this message or any attachments may not have been produced by the sender.



P Please consider the environment before printing this e-mail.


-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20190828/035f553d/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.jpg
Type: image/jpeg
Size: 2268 bytes
Desc: image001.jpg
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20190828/035f553d/image001.jpg>