[WSBAPT] Duty to provide trust accounting to parents of minor beneficiary

Nicholas Pleasants nick at pleasantslaw.com
Tue Jan 12 11:07:20 PST 2021


I don’t see why the mother is entitled to an accounting. Annual accounting is waivable under RCW 11.97.010<http://app.leg.wa.gov/RCW/default.aspx?cite=11.97.010>. Consider the Anderson v. Dussault implications of not giving any notice to a minor beneficiary (e.g. when bene turns 18, she could request annual statements and dispute the handling of the trust). Otherwise I don’t see why mother needs to be involved at all. Maybe put something in that mother has no rights to the funds or any info regarding the trust.
Best,
Nick
Nicholas Pleasants
Owner

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From: <wsbapt-bounces at lists.wsbarppt.com> on behalf of Suzanne Lieberman <suzanne at cmslawfirm.com>
Reply-To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Date: Tuesday, January 12, 2021 at 10:00 AM
To: "wsbapt at lists.wsbarppt.com" <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Duty to provide trust accounting to parents of minor beneficiary

Good morning-

Another straightforward question.

We have a client who wants to give a monthly sum to his minor daughter in his trust, but not provide the accounting to the child's mother, only to his friend, who is a successor trustee. He can't do this, right? Both parents and any guardian or legal representative are entitled to see yearly accountings, correct? And no way around this? Where is the rule? Or is any parent or guardian of a minor beneficiary inherently entitled to an accounting under RCW 11.106.040?

Sincerely,

Suzanne Lieberman
CMS Law Firm LLC<http://cmslawfirm.com/>
811 Kirkland Ave. Suite 201 (please note new address!)
Kirkland, WA 98033
206-383-6484 (Cell Phone)
206-659-1512 (Main Office)


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