[WSBAPT] Trust Notice / Qualified Beneficiary

[Karin Treadwell]

Hi all:

Marcia Fujimoto has an excellent article on this topic in the RPPT summer 2019 newsletter - "Trustee's Duty to Keep Beneficiaries Informed:  A Roadmap through Relevant Washington Statutes."

Karin
Karin S. Treadwell
Sayre Law Offices, PLLC
1417 31st Ave S
Seattle WA  98144-3909

phone 206-625-0092
fax 206-625-9040

Covid-19 Update - Sayre Law Offices remains available to serve our clients and the public during this time, subject to the orders and recommendations of government authority. Please do not hesitate to contact us if we may be of service to you, your family, or your business.

All attorneys are working remotely during regular business hours and are available via email and by phone; please call the Seattle office. Videoconferencing also is available. Signing of estate planning documents can be completed and will be handled on a case-by-case basis; please call the Seattle office.

MAIL AND DELIVERIES can be received at the Seattle office. For any other needed arrangements, please call the Seattle office.

Be assured that we will continue to advise and support our clients throughout this health emergency.

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of John J. Sullivan, Esq.
Sent: Monday, April 20, 2020 1:20 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Trust Notice / Qualified Beneficiary

I agree with Mark that a remainder beneficiary is a qualified beneficiary. E.g., I have a trust with specific annual distributions to surviving children for their lives (but not their issue), remainder to a charity when all children are dead. The charity got a notice.

However, just to clarify, and I'm not sure whether Mark would agree, if the trust provided that it goes to the children outright or the grandchildren if the children fail to survive, I would not give notices to the grandchildren, since the contingency will never be satisfied - the children survived. Is that the scenario you hypothesize?

John J. Sullivan

From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of Mark Vohr
Sent: Monday, April 20, 2020 1:08 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Trust Notice / Qualified Beneficiary

That is correct - The definition for "qualified beneficiaries" is broader to include the principal distributee plus any person who will become a principal distributee if the current principal distributee ceases being one.

Regards,

Mark

Mark C. Vohr, Esq.
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<mailto:mcv at ohanafc.com>      www.ohanafc.com<http://www.ohanafc.com>

From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of Kristi L. Richards
Sent: Monday, April 20, 2020 12:54 PM
To: wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Trust Notice / Qualified Beneficiary

When sending notice of existence of a trust that terminates by giving all assets to living children outright and free of trust at the death of the original trustor, does everyone include the contingent beneficiaries as recipients of the notice of existence of trust?

RCW 11.98.072(1) requires the trustee to keep all "qualified beneficiaries" of a trust reasonably informed regarding the administration of the trust.   The definitions in RCW 11.98.002 appear to include more than just the current beneficiaries/children.




Kristi L. Richards
Attorney

Northwest Elder Law Group
2150 N. 107th Street, Suite 501
Seattle, WA 98133
P: (206) 937-6102, ext. 5
F: (206) 830-9326
www.nwelg.com<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.nwelg.com_&d=DwMFAg&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=K1mLMC1eFjwfeeMM-AC6zQ&m=ZpaHFdGFMIXMLNyau-i1Xv6Hr1t72hOCIKS8UuvV3Ms&s=ktNoM8e44JjI4ocfQe24kOToKt3gi8SxMsKs2bxRN-o&e=>

Providing Services in Elder Law

CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information protected by law. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message.

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20200420/da77a3fa/attachment.html>