[WSBAPT] Can Beneficiary Refuse Distribution of RP?

[Diane J. Kiepe]

Hello John,

In a situation where you suspect a beneficiary is not happy with such a transfer, I probably would not do the transfer standing alone.  As we know the Trustee has a fiduciary responsibility to all beneficiaries and I would question why he feels like, for all beneficiaries, this transfer makes sense.  Having the power to do something, in of itself, is not a defense to the overriding fiduciary duty, in my opinion.  I don't think you can force real estate on someone.

You may want to look at the 30 day notice in in RCW 11.98.145 which implies that while pro rata distributions are allowed, beneficiary can object to same.

Ultimately, of course the Trustee will make the call but I think you must counsel him on the point above, the right to do something does not mean that action stands above challenge.

Best of luck to you.

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 Stuart Scarff
Sent: Tuesday, February 8, 2022 5:30 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Can Beneficiary Refuse Distribution of RP?

An "agent" can sign on the Beneficiary's behalf, e.g., the Trustee. I have frequently had an agent sign on a Grantor or Grantee's behalf, but admittedly never in a situation where the parties were not in agreement regarding the conveyance.

Stuart Scarff, Esq.
3035 Island Crest Way, Suite 201
Mercer Island, WA  98040
206.236.1500
206.905.5912 (fax)
www.scarfflaw.com<http://www.scarfflaw.com/>
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From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of John Sullivan
Sent: Tuesday, February 8, 2022 4:45 PM
To: wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Can Beneficiary Refuse Distribution of RP?

Listmates:

I think we've discussed this before, but would appreciate refreshing my recollection.

Trustee is ready to close trust, containing real property and securities. Trustee wants to distribute a parcel of land to one beneficiary, and I concerned the beneficiary may not want it. What happens if the beneficiary refuses to sign the REET Affidavit as "Grantee?"
Best regards,
John J. Sullivan
Attorney

Lyons | Sullivan
10655 NE 4th Street, Suite 704
Bellevue, WA  98004
425*451*2400 tel 425-451-7385 fax
www.dljslaw.com<http://www.dljslaw.com/>

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