[WSBAPT] Distribution to Beneficiaries who are participating

[Eric Nelsen]

A while back someone posted the attached unpublished opinion, In re Greider Family Trust (Wash. App. Div. 1, March 15, 2021). It has some good language suggesting that Trustees are reviewed on an abuse of discretion standard if the Trustee elects to apportion expenses unequally among beneficiaries. However, the opinion appears to rely on express language in the trust about the scope of the Trustee’s discretion, so I am unsure how solid this is as precedent for a different trust. I haven’t had to rely on it yet myself

That said, I think this is an equitable outcome that the court can authorize. I have a couple cases now where I am likely to ask the court for permission to distribute for almost everybody, and then impose all remaining administrative costs of the beneficiaries who aren’t cooperating. I might cite Greider, but I think it’s also a basic equitable principle and within the court’s authority. The cooperative beneficiaries should not be penalized by the recalcitrance of the others.

Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
206-625-0092
eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Brent Williams-Ruth
Sent: Monday, February 21, 2022 11:58 AM
To: WSBA Probate & Trust Listserv <WSBAPT at lists.wsbarppt.com>
Subject: [WSBAPT] Distribution to Beneficiaries who are participating

Greetings List -

I have a strange situation. Estate with 7 beneficiaries to each receive the equal distribution. Three are not being responsive and causing delay in settling the estate.

Does anyone know have authority that would allow me to distribute what is NOW an equal share, and then just continue to move forward and assign the costs of the remaining estate fees/expenses to the beneficiaries of the three shares not distributed?

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

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

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