[WSBAPT] Trust Property Not Distributed Per Terms, Now Beneficiary has died....

[Brent Williams-Ruth]

Greetings List -

New to me situation.

Decedent/Primary Beneficiary (D/PB) dies at 50 years old. The parents of
the D/PB set up a family trust decades ago with a term that said the
Trustee SHALL distribute, free of trust, once the D/PB attains the age of
40.

That Trust distribution and dissolution of the Trust never happened and
D/PB died with assets still in the family trust.

Can/should the Trustee make a distribution now to the D/PB estate for
distribution under the D/PB Will OR because the funds were left in the
Trust, the contingent beneficiaries who were to take if "D/PB dies before
the complete distribution of their trust share.."

One the one hand, I say it should pass by terms of the Trust, but then I
wonder if the beneficiary of the D/PB estate would have actionable claim
against the Trustee because they failed in their duty to comply with the
terms of the trust and distribute free of trust - so those assets would
have been in the D/PB's estate if they did their duty.

Appreciate thoughts and input on this.

Thank you!

*Brent Williams-Ruth* (pronouns: he/him)
*Attorney-At-Law*

*Law Offices of Brent Williams-Ruth, **a division of BWR Consulting, PLLC*

*Physical Address: 500 S 336th Street, Suite 214; Federal Way, WA 98003*

***EFFECTIVE IMMEDIATELY** All mail sent through the USPS should be sent to
the following address: **PO BOX 3319; Federal Way, WA 98063 *

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e-mail <Brent at Williams-RuthLaw.com> / website
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