[WSBAPT] uncertain contingent beneficiaries under exercise of power of appointment

[Jayne Gilbert]

Just a hunch-if there are no takers for the son's share, then wouldn't
the bequest go to the Mother's statutory heirs? ie the daughter.?

On Fri, Feb 11, 2022 at 12:40 PM <cyfield at rockisland.com> wrote:

> Mates- I’m reviewing a new trust/estate admin matter and have an issue I
> can’t get my brain around. Specifically, surviving spouse (Mom) of joint
> family trust had a general power of appointment with respect to the
> “survivor’s trust” and she exercised that power before she died as follows:
>
>
>
>               I leave 42% to son and 58% to my daughter. If either of my
> children predeceases me, his or her share of my estate shall be distributed
> to his or her issue by right of representation.
>
>
>
> Son predeceased Mom and had no issue (or spouse). So where does son’s
> share now go? Surviving daughter/successor trustee/new client thinks to
> her, but I don’t see any specific language (e.g. “surviving children”) to
> that effect. To son’s estate? I have no idea if son’s estate was probated
> and/or if he died intestate. However, I suspect son died intestate and Mom
> was his sole heir -if true, that creates a circular problem in that
> potentially Mom’s estate pumps assets out to son’s estate, which then pumps
> them back to Mom’s estate… and the dance is repeated.  If daughter is now
> sole living intestate heir of both Mom and brother, can she enter into a
> TEDRA agreement with herself to clean things up?
>
>
>
> I’m trying to get a better handle on this before I get back to the new
> client and feel like I may be missing something obvious. TIA for any
> enlightenment, Cy
>
>
>
> *Cyrus W. Field, Attorney at Law (admitted in Washington and Oregon);
> Phone: 360-472-1223 *
>
> *Mail: POB 367, Shaw Island, WA 98286; Physical Office:  640 Mullis St
> #214, Friday Harbor, WA*
>
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-- 
*************************************************
Jayne Marsh Gilbert
Gilbert and Gilbert Lawyers, PS
(360) 336-9515
*************************************************
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