[WSBAPT] Complete Failure of Trust Beneficiary and Successor Trustee

[Josh Grewe]

I am working on the Administration of Trust that fails to name a beneficiary after the death of the initial beneficiary and fails to name a successor trustee after the death of the initial co-trustees. The Facts are:


  1.  Husband set up an RLT and put his separate real property (home) in the trust
  2.  Named himself as co-trustee with his wife and names himself as sole beneficiary (did not name her as a beneficiary) (Is this just a defunct trust for failure of a beneficiary?)
  3.  Wife passed away a few years before husband
  4.  Husband died last year
  5.  No contingent beneficiary nor trustee is named in the Trust
  6.  Husband and wife have 1 child who is administering most of the husbands assets through an intestate probate
  7.  Looking to sell the home in trust but we now have a title issue

I understand that I can petition under TEDRA for the appointment of a Successor Trustee but need some direction on standing for the sole surviving heir to petition and to settle the lack of beneficiary issue. Does any one have some case law or statute that I am missing to address these issues? Is this just a Plenary Power of the court issue under TEDRA? Invalid Trust?

Thanks,

Joshua P. Grewe
Attorney at Law
GORE & GREWE, P.S.
103 E. Indiana Avenue, Suite A
Spokane, WA  99207-2317
Phone:  (509) 326-7500   Fax:  (509) 326-7503
jpgrewe at goregrewe.com<mailto:jpgrewe at goregrewe.com>

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