[WSBAPT] Change of Trustee for Special Needs Trust

[Inge Fordham]

Colleagues,

Grandfather’s will (created in 2009) creates a $5k special needs trust in favor of his disabled son (Son) and names his granddaughter (Granddaughter) as the trustee.  Years later, in 2020, Grandfather and his daughter (sister to the disabled son) are appointed as legal guardians of disabled son/brother.  There is concern that Granddaughter is unfit to serve as the trustee (and may take the funds for herself rather than acting in the best interest of the beneficiary, Son).  After reviewing RCW 11.98, it appears the only way to change the trustee is for Granddaughter to resign or to petition the court pursuant to RCW 11.98.039(4).

I just want to make sure I haven’t missed a simpler (less costly) route.

Thanks in advance!

Best regards,


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Inge A. Fordham | Attorney
Fordham Law, PLLC
3218 Sixth Avenue | Tacoma, WA 98406
Office: (253) 348-2657 | Mobile: (206) 778-3131
www.fordhamlegal.com<http://www.fordhamlegal.com>

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