[WSBAPT] Question about listing a testamentary trust as a beneficiary on Schedule A of Verified Petition

[msafren at jennylinglaw.com]

Hello Learned Listservers:

 

I have a quick question about a few mechanics of opening and administering
probate and when the will specifies the creation of a pour over /
testamentary marital trust upon the testor's death and the creation of
decedent trusts with a specific bequest of funds to fund the trusts for the
surviving children.  

 

1.	On schedule A in the verified petition where you list all the
beneficiaries of the will, should I list the trustee as the beneficiary
since they will receive the property to manage and administer within the
trust or do I list the beneficiary or beneficiaries of the trust as the
beneficiary since they are the ultimate beneficiary of the property? If you
list only the trustee, do you list the trustee as XXXX XXXX trustee for the
martial testamentary trust of the decedent? 
2.	Once probate is open do you send the required notice of appointment
and pendency of probate to the beneficiaries of the pour over trusts/ i.e.
trust beneficiaries or is that not necessary since the trustee will marshal
and collect the assets for the testamentary trust on behalf of the trust
beneficiaries? 
3.	Once the probate is open and it is time to distribute assets or
transfer assets into the trust, do you as practitioner draft anything like a
certificate of trust for the trustee for the trusts or dues the trustee
simply use the will with the language showing the creation of the trust to
prove to financial instructions that the trustee is holding assets and
titling assets under the name of the trust?
4.	If the beneficiary of the martial trust and the trustee are one in
the same, might it be advisable to eliminate the trust altogether through
the merger doctrine? 

 

 

 

I appreciate you taking a few minutes to respond. Thanks so much!

 

 

 

Warmest regards,

Michael S. Safren, Esq. 
Attorney at Law 

14900 Interurban Ave. S., Ste. 280 | Seattle, WA 98168 
11900 NE 1st St., Bldg. G - Ste. 300 |  Bellevue, WA 98005 
P: (206) 859-5098 | E:  <mailto:msafren at jennylinglaw.com>
msafren at jennylinglaw.com 
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