[WSBAPT] funding trust with nonprobate assets

[delp at whidbey.net]

Hello everyone: I am working on an estate in which the decedent designated
his son as a Transfer on Death beneficiary of all of his assets.  Son
transfers all of these financial accounts into his own name. Then, Son meets
with me and shows me his dad's Will which gives $50,000 to a Special Needs
Trust (SNT) for the daughter of the decedent.  Son is absolutely certain
that funding the SNT was what his dad wanted, notwithstanding the
beneficiary designations on all the financial accounts to the contrary.  Son
is named Personal Representative in the Will and Trustee of the SNT.  Can
son transfer funds, now in his name, to fund the SNT?  Is it necessary open
a probate to do this? Probate or not, how would we document that the
transfer from the Son to the SNT account is a distribution from the estate
and not a gift from the son?

I appreciate your thoughts.

Thank you,

Margaret

 

--

Law Office of Margaret Delp

Mailing address:

PO Box 292

Langley, WA 98260

Physical Address:

2815 Howard Road, Second Floor

Langley, WA 98260

Telephone: 360-579-4530

 

 

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