[WSBAPT] Notice of Probate to Non-Heir alternate PR/Trustee

[Heather de Vrieze]

I have clients who sometimes want to make a child the Personal Representative, but then have assets into trust for that child. I generally advise that if the child is responsible enough to be Personal Representative, why a trust at all, or if good reason for a trust exists, why not have the child be the Trustee, or have the right to substitute trustee.

Heather

Heather S. de Vrieze
Attorney-at-Law
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Joshua McKarcher
Sent: Monday, October 2, 2023 11:28 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Notice of Probate to Non-Heir alternate PR/Trustee

I read Jeff to be asking if he even needs to notify Aunt at all. Isn't that your primary question, Jeff? If so, I have no idea how anyone does anything without Aunt. If a judge permitted it, I would think the testator's wishes would be rather spectacularly shredded. I would no more agree to help beneficiary avoid what I'm understanding are the facts than I would burn the will in my non-existent office fireplace. Maybe I'm misunderstanding, but that's my read.

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 Philip N. Jones
Sent: Monday, October 2, 2023 10:32 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Notice of Probate to Non-Heir alternate PR/Trustee

I am not aware of any duty to notify the alternate fiduciaries.  But nothing prevents you from notifying them, or contacting them informally.  Or perhaps the child should contact one or both.  If an arrangement can be reached for one of them to serve, perhaps you or the child could contact the aunt and suggest that she decline.  Who knows?  Maybe the aunt doesn't want to deal with the child and would jump at the chance to decline.  Perhaps the aunt was going to serve only out of a sense of obligation to her sister and would just as soon not serve.  The only way to find out is to ask (politely).
Or the aunt might want to serve in order to lord over the child.  Perhaps the decedent asked her sister to rule with an iron hand.  In that case, you are probably stuck with her.  But the fact that you are willing to accept either one of the alternates helps your case.  Particularly if the aunt is a convicted axe-murderer.
Perhaps I am speculating.
Phil Jones

Philip N. Jones
Duffy Kekel LLP
900 S.W. Fifth Ave. Suite 2500
Portland, OR 97204
pjones at duffykekel.com<mailto:pjones at duffykekel.com>
(503) 226-1371 - office
(503) 853-1482 - cell
(503) 226-3574 - fax

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 Jeff at bellanddavispllc.com<mailto:Jeff at bellanddavispllc.com>
Sent: Monday, October 2, 2023 9:56 AM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] Notice of Probate to Non-Heir alternate PR/Trustee

Listmates:

Decedent's Will names the under 30 child PR.  That child receives the entire estate.  However, if child is under 35, the residue goes into trust.  Aunt is first Trustee, and is not liked by child.  There are two other alternate Trustees which are acceptable.  Is there a legal duty to notify these non-heir fiduciaries about the probate?  In this case, non-of-them would take if the Will is invalidated.

Jeff Davis

W. Jeff Davis
BELL & DAVIS PLLC
Attorneys at Law
P.O. Box 510
720 E. Washington Street, Suite 105
Sequim WA 98382
Phone: (360) 683.1129
Fax: (360) 683.1258
email: jeff at bellanddavispllc.com<mailto:jeff at bellanddavispllc.com>
www.bellanddavispllc.com<http://www.bellanddavispllc.com/>

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