[WSBAPT] Adult disabled child of Trustor

Thu Nov 18 10:14:00 PST 2021

I have a  RLT where Trustee set up a SNT for her adult disabled child who has a guardian and is on government benefits, but SNT is not funded.
Successor Trustee is to fund it but has discretion as to amounts so as not to affect the governmental benefits.
The RLT also states that adult disabled child is not a beneficiary of the RLT but only the SNT and directs Successor not to provide notice or documents to disabled adult child or guardian RCW 11.98.072.
I read the statute and it seems to allow this, anyone see why not?
RCW 11.98.072<http://app.leg.wa.gov/RCW/default.aspx?cite=11.98.072>
Trustee—Notification requirements.
(1) A trustee must keep all qualified beneficiaries of a trust reasonably informed about the administration of the trust and of the material facts necessary for them to protect their interests. Unless unreasonable under the circumstances, a trustee must promptly respond to any beneficiary's request for information related to the administration of the trust. The trustee is deemed to have satisfied the request of a qualified beneficiary who requests information concerning the terms of the trust reasonably necessary to enable such beneficiary to enforce his or her rights under the trust if the trustee provides a copy of the entire trust instrument. If a qualified beneficiary must compel production of information from the trustee by order of the court, then the court may order costs, including reasonable attorneys' fees, to be awarded to such beneficiary pursuant to RCW 11.96A.150<http://app.leg.wa.gov/RCW/default.aspx?cite=11.96A.150>.
(2)(a) Except to the extent waived or modified as provided in subsection (5) of this section, within sixty days after the date of acceptance of the position of trustee, the trustee must give notice to the qualified beneficiaries of the trust of:
(i) The existence of the trust;
(ii) The identity of the trustor or trustors;
(iii) The trustee's name, address, and telephone number; and
(iv) The right to request such information as is reasonably necessary to enable the notified person to enforce his or her rights under the trust.
(b) The notice required under this subsection (2) applies only to irrevocable trusts created after December 31, 2011, and revocable trusts that become irrevocable after December 31, 2011.
(3) Despite any other provision of this section, and except to the extent waived or modified as provided in subsection (5) of this section, the trustee may not be required to provide any information described in subsection (1) or (2) of this section to any beneficiary of a trust other than the trustor's spouse or domestic partner if:
(a) Such spouse or domestic partner has capacity;
(b) Such spouse or domestic partner is the only permissible distributee of the trust; and
(c) All of the other qualified beneficiaries of the trust are the descendants of the trustor and the trustor's spouse or domestic partner.
(4) While the trustor of a revocable trust is living, no beneficiary other than the trustor is entitled to receive any information under this section.
(5) The trustor may waive or modify the notification requirements of subsections (2) and (3) of this section in the trust document or in a separate writing, made at any time, that is delivered to the trustee.

[cid:263dfd8f-6abe-4e19-98c7-799bdcbf8fe6]

________________________________
From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> on behalf of Jacob Menashe <jacob at hickmanmenashe.com>
Sent: Tuesday, November 16, 2021 4:29 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] RCW 11.98.039 Parties

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

Satellite Office in Bellevue

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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