[WSBAPT] RCW 11.98.039 Parties

Jacob Menashe jacob at hickmanmenashe.com
Tue Nov 16 16:29:21 PST 2021


I’m considering RCW 11.98.030 (Nonjudicial change of trustee—Judicial appointment or change of trustee—Liability and duties of successor fiduciary) and particularly the part where “all persons with an interest in the trust” can by agreement name a successor trustee when there’s a vacancy. I have used this many times and always assumed “all parties with an interest in the trust” means, for the run of the mill trust, the income/current beneficiaries and the remainder beneficiaries. (These would be the qualified beneficiaries and permissible distributees of RCW 11.98.039.) However, I have received a different perspective about that recently and I am wondering if, perhaps, the current/”qualified” beneficiary, alone, can name the new trustee. Support for that could be RCW 11.96A.030 which, in its definition of parties to an irrevocable trust, mentions “each qualified beneficiary,” but not a “permissible distribute” though it also mentions “any other beneficiary whose interest is protected under the constitutional principles of due process.”

Does anyone think that RCW 11.98.030 allows the qualified beneficiary, alone, to name a successor trustee? I am thinking maybe it does, and in the past I’ve read more into RCW 11.98.039’s “all persons with an interest in the trust” than I needed to.

Sincerely,

Jacob

Jacob H. Menashe
Hickman Menashe, PS
4211 Alderwood Mall Blvd., Suite 204
Lynnwood, WA 98036
(425) 744-5658 phone
(425) 744-6078 fax
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www.hickmanmenashe.com

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Lisa Chiang
Sent: Tuesday, November 16, 2021 3:29 PM
To: wsbarp at lists.wsbarppt.com; WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Random ? re International Driver's License to obtain WA DL

Hi all,

Can anyone tell me offhand, if an Au Pair, on a J1 visa and holds an international driver's license from his home country, what the process is to convert to a WA DL.

Home country is Switzerland.  I know it differs depending on which country signed what treaty with the U.S.

Thanks in advance.  - Lisa

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Estate planning and settlement & transactional real estate
206.569.8838



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