[WSBAPT] Testamentary Special Needs Trust Question

[Mark Vohr]

Brent – I’ll take a shot at this.  I think the general answer is no – as I believe you suspect.  One thing worth checking is the successor trustee language. Sometimes the trust allows the acting trustee to select their successor with person B only being appointed if A fails to do so.  Without that language, person A simply does not have the authority to decide who take over.

Your option B is certainly available.  Professional trustees will contract with fiduciaries to do the work (accountings, bill paying, tracking, etc.) but person A stays the fiduciary.   Certainly can work.  Then person A bides their time to a point where, perhaps, the opportunity to select a successor trustee avails itself.

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      www.ohanafc.com

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Brent Williams-Ruth
Sent: Tuesday, November 3, 2020 1:19 PM
To: WSBA Probate & Trust Listserv <WSBAPT at lists.wsbarppt.com>
Subject: [WSBAPT] Testamentary Special Needs Trust Question

Greetings List -

I am working on an estate where the Decedent created a testamentary special needs trust.  The Will also lists three individuals stating the order in which there should be Trustee of any trust created by the Will.. Person A, Person B, Person C.

Person A does not want to be Trustee. But Person A also DOES NOT WANT Person B to have any say or control in the matter but really wants to hire a third party fiduciary to do the job of SNT Trustee.

Is there any way for Person A to NOT be the Trustee, but keep it out of the hands of Person B.  Mind you - there is no lawful reason they would not be able to serve other than they may not do a good job and cause trouble down the road. But otherwise, they are eligible to serve.

My initial thought is that Person A will need to serve as Trustee but they can HIRE a third-party company to manage the trust but not take the title of Trustee. Possible?

Appreciate any thoughts.

Brent

Brent Williams-Ruth  (preferred pronoun: he/him)
Attorney-At-Law

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