[WSBAPT] [ADV] Re: Trust Notice / Qualified Beneficiary

[Cyrus Field]

There also may be some beneficiary survivorship issues (e.g. beneficiary must survive trustor by 60 days, etc.) that might come into play depending on timing of notice.

 

 

Cyrus W. Field, Attorney at Law (admitted in Washington and Oregon)

phone: 360-472-1223 Mail: POB 367, Shaw Island, WA 98286 Office: 640 Mullis St. Friday Harbor, WA

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Philip N. Jones
Sent: Monday, April 20, 2020 1:23 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [ADV] Re: [WSBAPT] Trust Notice / Qualified Beneficiary

 

It seems to me that the first thing we need to know is whether the original trustor is still alive.  If not, then the names of the beneficiaries are known and fixed, and the contingent beneficiaries are SOL. 

Phil Jones

Philip N. Jones 

Duffy Kekel LLP

Portland, OR

pjones at duffykekel.com <mailto:pjones at duffykekel.com> 

(503) 226-1371





On Apr 20, 2020, at 1:10 PM, Mark Vohr <mcv at ohanafc.com <mailto:mcv at ohanafc.com> > wrote:

 

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

 

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