[WSBAPT] Notice to Will , Trust beneficiaries

[Susan Donahue]

Generally, the trustee must give notice to all the beneficiaries of the trust within I believe 60 days of the execution of the trust.  (Execution and funding?  I’m not sure, but I believe it is just when the trust is signed).  But there is also a responsibility for the PR to see that the terms of the will are fully fulfilled.  So the task falls to the PR in this instance to make sure that the beneficiaries of the trust, who are also beneficiaries of the will, are notified, hopefully with cooperation with the trustee.  Perhaps you are also the trustee’s lawyer.  Perhaps not.  I see an ambiguity in the phrase “any descendant’s of material and paternal grandparents”.  Any could mean “any at all”, i.e., one or a group that presumably the trustee chooses.  It’s just bad drafting.  Usually the phrase is “any and all” so there isn’t any ambiguity.  But, the intent was likely to have all—every one of them—the descendants of material and paternal grandparent be beneficiaries.  So, the task is to locate every last one of them and give them a copy of the will with the trust.  I’m assuming it’s a testamentary trust, but perhaps not.  

 

My two cents.

 

Susan

 

 

Susan Donahue

Law Office of Susan Donahue

125 West 2nd Avenue, Suite “B”

P.O. Box 81

Twisp, WA 98856

(509) 996-5944 (phone)

(509) 362-9692 (fax)

sdonahue at sdonahuelaw.com <mailto:sdonahue at sdonahuelaw.com> 

www.sdonahuelaw.com <http://www.sdonahuelaw.com> 

 

 

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of michael at westseattleattorney.com
Sent: Friday, April 03, 2020 11:54 AM
To: WSBA Probate & Trust Listserve <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Notice to Will , Trust beneficiaries

 

 

Does PR give notice to Will beneficiaries and heirs and also to trust beneficiaries? What if the Trust beneficiaries are not specifically named, do you just give notice to the Trustee? 

 

Here are facts: Will bequeaths the estate one half to the Wife and one half to a Trust - no children.  Wife is PR and a niece is the Trustee. 

The Trust says the Trust beneficiaries are "any descendant's of maternal and paternal grandparents".  ... to pay for education costs only. 

His grandparents had several children and his brothers and sisters had several children. The decedent had no children. Who does the notice go to? 

Or do I need to find all of the descendants of his grandparents and provide them notices?

 

Thanks

 

Mike

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