[WSBAPT] advancement

[nestor at pplsweb.com]

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 <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>
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. 

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Scarborough, McNeese, Oelke & Kilkenny, P.C.
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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

Office: 360-350-0270

Cell: 253-579-5561

 

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