[WSBAPT] Concluding Trust Administration Subject to TEDRA

[Jake Seegmuller]

Hello Listmates:

We are assisting a personal representative with the administration of an
estate as well as in their capacity as trustee of a trust. At this stage,
only the trust holds assets as the planning included a pour-over Will.

Unfortunately, one of the heirs of the estate - not a beneficiary of the
Trust - filed a TEDRA against a beneficiary of the Trust. I should note,
however, that the beneficiary received no monetary benefit from the Trust
and the gift was satisfied long before the action was filed. At this stage,
no action has been taken in the TEDRA beyond an order for discovery. Months
have elapsed since discovery was ordered.

The Trustee is eager to move the assets of the Trust to the primary
beneficiary - in this case a charity - but with the TEDRA action, I am
uncertain if we have the authority to do so. In addition, neither Trustee
nor the Trust has not been named a party in the action.

My question is whether we need to resolve the TEDRA action at all to
finalize distribution to the charity. Is there a reason the Trustee should
wait until this action is resolved? and if so what actions can the Trustee
take as a non-party to bring this to a resolution? As far as we can tell
the named parties are taking no action to continue or dismiss the
proceeding.

I appreciate your responses and insight - whether on or off list.

Sincerely,

 Jakob O. Seegmuller
 Attorney
 nwlegacylaw.com | 360-975-7770
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20210616/839c32c9/attachment.html>