[WSBAPT] Duty to Distribute Copies of Trust to ContingentBeneficiaries

[Josh Grant]

I have an estate that after a long period of time since the estate commenced is finally funding a testamentary trust.  Do we need to send another copy of the will or a RCW 18.072 notice to remainder beneficiaries?   The life beneficiary/trustee is surviving spouse and she is the only permissible beneficiary during her life. It is unlikely anything will be left when she passes on. The remainder beneficiaries are children of the trustor/decedent but not surviving spouse.  The way I read RCW 18.072 a notice would be required to decedent’s children because these remainder beneficiaries are not descendants of the trustor AND the trustor’s spouse, however, the will does state: “The Trustee shall be relieved ... from all duties which the laws of the state having jurisdiction over the administration of this trust ... imposes with respect to making or filing with any court or other place or person, any report, inventory , or account of the principal or income of the trust.”

i.e. does “Any report” includes the notice in 11.92.072?
The children were given a notice of pendency with a copy of the will plus a Notice of filing Declaration of completion back in 10/19.  No one replied (and previous correspondence etc. gave them an idea of what was in the estate).

Josh

Joshua F. Grant

P. O. Box 619
Wilbur, WA 99185
509 647 5578

From: Jeff Davis 
Sent: Tuesday, November 19, 2019 3:26 PM
To: 'WSBA Probate & Trust Listserv' 
Subject: [WSBAPT] Duty to Distribute Copies of Trust to ContingentBeneficiaries

Listmates,

 

It has always been my practice to distribute copies of the trust document to all named beneficiaries, both primary and contingent upon the Trustor or last Trustor’s death.  PC is the primary, and sole beneficiary of his father’s trust provided he survived the father, with PC’s children as contingent beneficiaries if he did not survive.  Dad died leaving a substantial estate of both real estate and money.  PC does not want to give out copies of the trust to his children.  I could not find it, but I thought there was an RCW, within the trust statutes, requiring distribution of the trust agreement.  Your thoughts would be appreciated.

 

Jeff Davis

 

W. Jeff Davis, Esq.

BELL & DAVIS PLLC
P.O. Box 510
Sequim WA 98382
Phone No.:(360) 683.1129 
Fax No.: (360) 683.1258 
email: info at bellanddavispllc.com
www.bellanddavispllc.com
 
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