[WSBAPT] Deceased Beneficiary with Living Trust

[Eric Nelsen]

I think there are options, depending on how cooperative everyone is. The goal is for your PR to get either court direction or agreement among all bene's heirs, on who should get bene's distribution from your PR's estate.

1. Your PR or the bene's heirs can do an adjudication of testacy per RCW 11.20.020(1)<https://app.leg.wa.gov/RCW/default.aspx?cite=11.20.020>, RCW 11.28.330<https://app.leg.wa.gov/RCW/default.aspx?cite=11.28.330> and RCW 11.28.340<https://app.leg.wa.gov/RCW/default.aspx?cite=11.28.340>. That would avoid the need for a PR. The adjudication would confirm that the pour-over Will is valid and all distribution should be made to the successor Trustee of the RLT per the terms of the Will. There is a four-month wait built into the procedure so it will cause delay, though.

2. The bene's heirs could unanimously sign a TEDRA agreement that the Will is valid, that your PR should distribute to the successor Trustee of the RLT, and they waive all claims against PR for improper distribution. This is riskier of course since it's not court-ordered, but I'm sure you know the circumstances and can evaluate if there is any likelihood of the pour-over Will being invalid, or something shady happening with the Trustee, or anything like that.

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 David Hastings
Sent: Friday, November 22, 2019 11:28 AM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Deceased Beneficiary with Living Trust

Hi, all,
    I have a probate case where one of the beneficiaries died after the decedent, but before distribution. I am told that all of this beneficiary's assets were in a living trust, and that he left a pour-over will to put any non-trust assets into the trust. The bequest will be larger than $100,000.00.

    It looks like the beneficiary's heirs will need to open a probate just to transfer the bequest into the living trust. Is there any way we can distribute directly to the living trust instead? I feel like I've heard of this being done, but I haven't found any authority for it.

    Thanks,

        -David
--

David J. Hastings
David Gates Law, Inc., P.S.
PO Box 1865
10 NE Creelman Lane
Belfair WA 98528
360.275.9505
Fax: 360.275.8398
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20191122/a8b7637a/attachment.html>