[WSBAPT] Closing an estate with a very unusual beneficiary

[Sarah J. Dion]

Hi listmates-

Really hoping on the hive mind for this one!

I have an estate with a beneficiary who is a prisoner in another country. This person is going to be in prison for a very, very long time. He is a citizen both of the US and of the other country.

In 2020, the PR was able to speak with this beneficiary (who is a family member of the decedent and the PR) to discuss options to close the estate. My client offered to act trustee of a trust, and send money annually to go into the beneficiary's prisoner account. The beneficiary agreed this was the best plan. We sent him paperwork to create the trust and close the estate, but have not heard from him for over a year. We think this is due to COVID lockdowns and the like. At any rate, we are completely unable to communicate with him and are not sure when/if that is going to change.

I am looking for ideas of how to close this estate properly, given this situation. I considered a custodial account of some kind, but the amount at issue is small, and would not justify the appointment of a professional fiduciary. My client is not looking to remain involved at this point and I think that is probably a wise decision.

I seem to recall hearing about some kind of court registry of funds, but I cannot find mention of it. Could we ask the Court to hold the funds for this beneficiary? Other ideas?

We are aware of RCW 72.09.480 regarding inmate funds being subject to a variety of deductions-I do not believe, based on the definitions in that statute, that this beneficiary qualifies as an "inmate." Or, if he does, this is the least of our problems!

Thanks in advance for any thoughts or knowledge you can pass on.

Sarah Jael Dion
PRINCIPAL
skellenger bender
TRUSTS AND ESTATES PRACTICE
Estate Planning | Probate

PHONE 206.623.6501 | FAX 206.447.1973
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