[WSBAPT] funding trust with nonprobate assets

[Mark Vohr]

Hi Margaret -

            I think the whole thing could be handled outside of probate with a TEDRA agreement.   Specify that the agreement is a resolution of a dispute over the testator's intent (so that the distribution is from the estate).  You can even file the TEDRA agreement under a cause number that is set up for a TEDRA Agreement filing only.  I think the cost is $20.00

Regards,

Mark

Mark C. Vohr
Ohana Fiduciary Corp.
Ohana Financial Services
A Washington Trust Company
Mark C. Vohr, J.D., CPG, Principal
PO Box 33710  Seattle, WA  98133
T:  (206) 782-1189 F:  (206) 782-1434
mcv at ohanafc.com      www.ohanafc.com

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of delp at whidbey.net
Sent: Thursday, October 17, 2019 1:11 PM
To: Elder Law Section <elder-law-section at list.wsba.org>; 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] funding trust with nonprobate assets

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:
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Langley, WA 98260
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