[WSBAPT] Trust Remainder Beneficiaries

[Mark Vohr]

Here is one I have not had to deal with before.  Seems like I should know the answer, but I don't, at least not so sure.

Parent creates testamentary trust.
Surviving child beneficiary of the trust.  Parent's siblings remainder beneficiaries.
Surviving Child subsequently dies after trust is funded - all the remainder beneficiaries (i.e. the parent's siblings) predeceased the surviving child.  Survival required for the remainder beneficiaries to receive trust funds.  If they don't, the trust does not say what happens to the remainder interest. The language of the testamentary trust is silent on what happens if none of the remainder beneficiaries survive child.

I always drafted around this possibility by, at least, going back to the parent's heirs at law as determined as thought the beneficiary and the remainder beneficiaries died immediately prior to the death of the parent, but this trust does not have any of that saving language.  Basically, we hit a dead end as far as guidance from the trust.

In this instance, I think one then looks back at the parent's will to see who would receive the estate had the child and the parent's remainder beneficiaries immediately predeceased the parent.  Basically, that is likely what I would have drafted into the trust had I been the drafter (and assuming that's what the parent wanted).  Maybe I'm bias on my own solution.

Any thoughts on this one?

Regards,

Mark

Ohana Fiduciary Corp.
A Washington Chartered Trust Company
Mark C. Vohr, J.D., CPGC, Principal
155 NE 100th St., Suite 209 Seattle, WA  98125
T:  (206) 782-1189 F:  (206) 782-1434
mcv at ohanafc.com<mailto:mcv at ohanafc.com>      www.ohanafc.com<http://www.ohanafc.com/>


CONFIDENTIAL AND/OR PRIVILEGED COMMUNICATION

This communication may contain information that is confidential.  It was intended only for the named or a specific recipient.  If you have received this communication in error.  Please delete it immediately and contact the sender to advise them of improper delivery.

This communication is not intended to provide legal advice to the recipient.  The sender does not represent you as legal counsel and neither this communication or any conversations you may have with the sender creates an attorney client relationship with the sender.  If you seek legal advice please retain an attorney, but it will be someone else.




-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20241115/2844bdd9/attachment.html>