[WSBAPT] Unfunded trust

[Diane J. Kiepe]

Here's a point for consideration:


If the Trust was properly signed and indicated the trust property was set forth on schedule A, the successor Trustee has the power to take the formal step of funding the trust and should do so and distribute in accordance with the trust.

I have never done this with a fully unfunded trust without a pour over will but have done it when some assets were not titled in the name of the trust.

Clearly a TEDRA would allow  you to take the steps you are suggesting but the tricky part might be who you are going to represent and in what capacity.  A trust beneficiary?  An intestacy heir?  If you can reach out to the drafting attorney that person may shed some light on the intention and if there was a pour over Will your just not finding.

This is interesting and now for sure to incur more fees then necessary -

Diane J. Kiepe

Diane J. Kiepe
Douglas Eden
717 W. Sprague Ave.
Suite 1500
Spokane, WA  99201
djkiepe at depdslaw.com<mailto:djkiepe at depdslaw.com>
509-455-5300

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Jon Fritzler
Sent: Thursday, October 22, 2020 5:08 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Unfunded trust

Facts:  Decedent dies with an unfunded living trust and no will (pour-over or otherwise).  By unfunded I mean that the decedent's assets, including real property, were never formally titled in the name of the trust.  However, the assets are listed on a schedule that is attached to the trust and is signed by the decedent.  The residuary beneficiaries of the trust are different than the decedent's heirs under the intestacy statute.  Has anyone been successfully (or unsuccessfully) used a TEDRA petition to get a ruling that the distribution of the assets are controlled by the trust?

Sincerely,
Jon M. Fritzler
Attorney at Law
717 E. 22nd St.
Vancouver, WA 98663
Tel. 360.818.4431
Eml fritzlerlaw at outlook.com<mailto:fritzlerlaw at outlook.com>

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