[WSBAPT] Financial exploitation of vulnerable adult

[Jennifer L White]

Jared,
While as Mark pointed out, the technical answer is no, the same facts APS found are going to help you in trying to void the gifts. Slayer statute is only one claim to pursue in this case. Sounds like you have the makings for pursuing  undue influence and lack of competence angles to void them out too. Take a look at the Dean v. Jordan and Estate of Lint cases to get you going.
As a practical matter, I suggest you immediately send a written notice/letter to whomever has the TOD account and demand that they not pay it out. This should be done yesterday 😊. The assets in the RLT won’t be readily available to the abuser with the successor trustee in charge. If the TOD gets paid out and the ‘care giver’ gets their hands on them, they could easily disappear, and the law of the jungle rules of actual possession can end up trumping all of your court orders.

Jennifer L. White, Esq.
[cid:image001.jpg at 01D8A352.BBCDEBB0]

jen at appletreelaw.com<mailto:jen at appletreelaw.com>
PO Box 11037
Yakima, WA 98909
509.225.9813

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Jared E. Adams
Sent: Friday, July 29, 2022 1:10 PM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Financial exploitation of vulnerable adult

Hi All,

This is a new one for me. I am representing the successor Trustee of a living trust, which includes a substantial gift to a former caregiver of the trustor. The former caregiver is also a beneficiary on a TOD brokerage account.

The caregiver was recently investigated by APS and they have determined this is a “substantiated case” for financial exploitation of vulnerable adult. But, that is as far as APS takes the matter. The family doesn’t intend to pursue court action because the caregiver has no resources for them to recover. Their big question is whether APS’s determination of this being a “substantiated case” is sufficient to trigger RCW 11.84.020 (Slayer or abuser not to benefit from death) and preclude the gifts to the caregiver under the trust and TOD account.

Have any of you dealt with this before? Thank you in advance for any guidance!

Jared


Jared E. Adams, JD, LL.M.

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