[WSBAPT] advancement

[Nicholas Pleasants]

I agree with Terry and others. The right of retention permits the estate to recover a debt that is otherwise uncollectable. In re Smith’s Estate, 179 Wash. 417, 421-422, 38 P.2d 244 (1934). Also see this newer case discussing similar issues: In re Estate of Roe, Washington Court of Appeals Div. III, Case No. 34545-9-III (https://www.courts.wa.gov/opinions/pdf/345459_unp.pdf)
Best,
Nick
Nicholas Pleasants
Pleasants Law Firm, P.S.
2300 130th Ave NE, Suite A-101
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nick at pleasantslaw.com<mailto:nick at pleasantslaw.com>
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of nestor at pplsweb.com
Sent: Friday, July 31, 2020 12:55 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] advancement

Makes perfect sense from the standpoint that Trustee is not enforcing a debt but reducing a gift or distribution. Let us say this clause was not included and the Trustee wanted to recoup the debt for Trust then not enforceable if S/L has run.


Nestor Gorfinkel, Attorney at Law
Licensed in Washington & Florida
Florida Civil-Law (International) Notary

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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 Terry Tassin
Sent: Friday, July 31, 2020 12:27 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] advancement

I ran into this some years ago, with a beneficiary represented by a very aggressive attorney. He said yes, the debt has to be enforceable.  I and trustee said no, unless the trust so states. We won.
_____________________________
TERRY J. TASSIN, JR.
Scarborough, McNeese, Oelke & Kilkenny, P.C.
Attorneys at Law
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Fax: 503.601.3699<tel:503.601.3699>
Email:  tjt at smoklaw.com<mailto:tjt at smoklaw.com>
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On Jul 31, 2020, at 12:21 PM, Bryce Dille <Bryce at dillelaw.com<mailto:Bryce at dillelaw.com>> wrote:

If trust states that any amount owed by a beneficiary  to trust grantor is to be considered an advancement when making a final distribution does the debt have to be legally enforceable when distribution is made in my case s/l has run on the debt owed trustor? Thanks for your input

Bryce H. Dille
Dille Law, PLLC
2010 Caton Way SW Ste. 101
Olympia, WA 98502
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Cell: 253-579-5561

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