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

[Diane J. Kiepe]

Hi Michael,

Just a few quick thoughts in response:


  1.  When a Trustee is to receive assets, I do list the Trustee as the beneficiary on Schedule and for relationship I usually add "fiduciary" - probably not needed.  I do not list all the beneficiaries.  I do add the name of the trust.  For example - "Diane J. Kiepe, Trustee of the Jones Marital Trust created under the Last Will and Testament of Decedent" (or wherever it's crated under).
  2.  You should not send notices to the beneficiaries; that is the Trustee's job (who may in fact be the PR but the letter comes from him/her as Trustee).  The PR letter goes to Trustee.
  3.  Remember you have to notify heirs of the opening of probate too so this may well be the beneficiaries under the trust but you are  notifying them as heirs not beneficiaries.
  4.  You  need to just define clearly who you are representing, in what capacity and draft what is proper under your scope of representation.
  5.  You absolutely should not terminate the marital trust without a TEDRA - if there is any one remainder beneficiary (which there usually is hence the purpose of a marital trust) the doctrine of merger is inapplicable  - the Trustee and initial beneficiary can be the same without issue-there is probably a HEMS standard to direct the Trustee for Principal Distribution.  Again do not assume merger applies -

Always  happy to talk shop if you want - feel free to shoot me a direct e-mail if you'd like to set that up.

Best,

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 msafren at jennylinglaw.com
Sent: Friday, September 25, 2020 9:11 AM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Question about listing a testamentary trust as a beneficiary on Schedule A of Verified Petition

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: msafren at jennylinglaw.com<mailto:msafren at jennylinglaw.com>
www.jennylinglaw.com<http://www.jennylinglaw.com> | facebook.com/jennylinglaw/<http://www.facebook.com/jennylinglaw/>


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