[WSBAPT] Beneficiary has Disappeared

[Eric Nelsen]

Unclaimed property is a possibility though you have to hold onto it for 3 years first. RCW 63.29.020(1)<https://app.leg.wa.gov/RCW/default.aspx?cite=63.29&full=true#63.29.020>; RCW 63.29.120<https://app.leg.wa.gov/RCW/default.aspx?cite=63.29&full=true#63.29.120>.

If the amount justifies it, you also could start an estate of absentee per Ch. 11.80 RCW<https://app.leg.wa.gov/RCW/default.aspx?cite=11.80&full=true>. Under those provisions you could distribute that beneficiary's share to a trustee for that beneficiary alone, in order to complete final distribution of your existing trust. Then, that beneficiary's share would bear its own expenses going forward.

One other possibility - file a petition with the court in regard to your existing trust, asking for authority to distribute in full to all other beneficiaries, and court authorization to proceed with only the missing beneficiary's share bearing all further costs and expenses. I think this is kind of a shorthand version of the estate of absentee. You could get creative with this, and ask the court for explicit authority to decide whether to dump the property after three years to unclaimed property, or open an absentee estate, or something else that seems like a reasonable method of preserving the assets for the beneficiary.

Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
206-625-0092
eric at sayrelawoffices.com

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Sarah Duncan
Sent: Thursday, January 16, 2020 10:06 AM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Beneficiary has Disappeared

Hello, Listmates.  I am working on a file with the following facts:


  1.  We are getting ready to make final distribution of a trust, by which an adult beneficiary's whereabouts are unknown.   He's been homeless and in/out of jail for the past year.   He has mental health issues as well.
  2.  During one of his jail stays last year, we were in contact with his attorney (public defender), but that attorney has had no contact with him for several months now and no way of getting in touch with him.
  3.  Because the beneficiary is homeless and won't communicate with us, we have no address for him nor do we have any way of finding him.
  4.  We would like to proceed with final distribution of the trust as soon as we can.

We are at a standstill on how to proceed with distribution of the trust in light of the unknown whereabouts of the beneficiary.   I would love to hear any ideas that you have on how to proceed.

Thanks in advance for your help.

___________________________________________
Sarah E. Duncan
ADAMS & DUNCAN, INC., P.S.
3128 Colby Avenue
Everett, WA 98201
Tel:  (425) 339-8556
Office Fax:  (425) 339-2353
Direct Fax:  (425) 740-3323
www.adamslawyers.com<http://www.adamslawyers.com>


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