[WSBAPT] Nonexistent Charitable Beneficiary

Marvin Benson marvinbensonlaw at gmail.com
Wed Jun 12 15:22:08 PDT 2019


I have been involved with a bank trustee where the charitable organization
did not exist.  We searched for an organization similar to the one named by
the decedent.

Marvin Benson

On Wed, Jun 12, 2019 at 12:03 PM <michael at westseattleattorney.com> wrote:

> Please post responses - my thought was that gift lapsed only when
> beneficiary is no longer a viable entity, unless restrictions in Trust and
> discretion to re gift.
>
>
>
> -------- Original Message --------
> Subject: [WSBAPT] Nonexistent Charitable Beneficiary
> From: steve mcconnell <smcconnelllaw at hotmail.com>
> Date: Wed, June 12, 2019 11:42 am
> To: "wsbapt at lists.wsbarppt.com" <wsbapt at lists.wsbarppt.com>
>
> I'm in the process of winding up a distribution trust and disbursing trust
> assets. One major beneficiary is a specifically named nursing home operated
> by a charitable institution with a different name. The nursing home serves
> individuals of the same ethnicity as the Trustors. I have now learned that
> the nursing home is about to discontinue operations. The charitable
> organization will continue but its other work is very different from the
> nursing home operation. Do I give the money to the charitable organization,
> find another nursing home that serves the same or similar population or,
> less likely, distribute the funds to the other, noncharitable
> beneficiaries? I haven't found a definitive answer so if anyone can steer
> me in the right direction I would greatly appreciate it.
>
> 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
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