[WSBAPT] Language for notice to disinherited heir?

[Diane J. Kiepe]

Erin,

I certainly am not an expert on all things trust but generally speaking, most people use these to ensure that certain information is not disclosed.  I personally would not send a copy of the trust.  In fact, I might not take any action.  If anything, I would direct them to the county where the Will was filed and they can see the estate went into trust.  Thereafter, if they request trust information, I think it is your obligation, barring direction from the Trustee who understands his/her role, to indicated that only "qualified beneficiaries" as that term is defined in statute are entitled to trust information and that such person is not a qualified beneficiary (assuming you made sure of that).

Any person with an interest in an estate or trust is entitled to file a TEDRA.  If you are wanting to be proactive, I would dialogue with the client of sending a more direct letter indicating that the trust provides no interest to the party and therefore there will be no further communication on the same (of course you can broaden that letter as you see fit).  I personally would only provide a copy of the trust in very limited circumstances.

All the 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 Erin Fairley
Sent: Monday, November 1, 2021 12:26 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Language for notice to disinherited heir?

Dear All,

To date, I haven't needed to send a letter to disinherited heir under a will and trust.  This is a Will that pours over to a trust; direct heir is not named in the trust.
What 'gentle' language do you use in this situation?   Would you send a copy of the trust?

I appreciate your thoughts and input.

Best regards,
Erin


Erin Fairley / Attorney
erin at leschilaw.com<mailto:erin at leschilaw.com> / (206) 353-4625
Leschi Law, PLLC
121 Lakeside Avenue, Suite B Seattle, WA 98122
www.leschilaw.com<http://www.leschilaw.com/>

The information contained in this e-mail message may be privileged, confidential and protected from disclosure. If you are not the intended recipient, any use, distribution or copying of this e-mail message or any attachment to it is strictly prohibited.
--




-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20211101/8f126de9/attachment.html>