[WSBAPT] Trust Remainder Beneficiaries

[Joshua McKarcher]

Why any probate if there is not already one? (I would have thought there was a probate of Trustor/Testator already since the trust was testamentary, but perhaps not.)

You have a trust. If it has situs in Washington, the Superior Court has jurisdiction of the TRUST. The court-stamped will from whatever state in which it was probated or filed is the trust document.

I do not see why any probate is required, unless somehow a testamentary trust was funded without the will having first been probated somewhere and a PR appointed to effectuate funding of the trust.

But probate is not required to determine a person's intestate heirs. So I don't understand that at all, unless the will itself somehow needs proving.

Best, Josh

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Mark Vohr
Sent: Friday, November 15, 2024 11:04 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Trust Remainder Beneficiaries

Thanks Rebecca - it seems like the right result.   I think to get there I would have to open a probate for the Trustor.  It has been presented to me that we need to open a probate for the deceased child, but that does not sound right given that it was the trustor's estate plan that failed to distribute the remainder of the trust.

Regards,

Mark

Mark C. Vohr, J.D. CPGC
Ohana Fiduciary Corporation
A Washington Trust Company
155 NE 100th St., Suite 209
Seattle, WA  98125
Telephone:  (206) 782-1189

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 Rebecca King
Sent: Friday, November 15, 2024 8:53 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Trust Remainder Beneficiaries

Hi Mark,

My first thought (without doing any research) is that anti-lapse statute would apply and the funds would go to the trustors nieces and nephews.

Warmest regards,
Rebecca King
Attorney

Northwest Elder Law Group
2150 N. 107th Street, Suite 501
Seattle, WA 98133
Main: (206) 937-6102
Direct Line and Fax: (206) 866-6544
www.nwelg.com<http://www.nwelg.com/>

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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 Mark Vohr
Sent: Thursday, November 14, 2024 5:36 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] Trust Remainder Beneficiaries

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<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.ohanafc.com_&d=DwMFAg&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=K1mLMC1eFjwfeeMM-AC6zQ&m=ziQTNbX4rRGcRkV8UoDqptkgrqM3PgrhLQMqoV1JM2K-G3NfEVkGfHUxlNyEoVm5&s=AHQes5rPJFvpg_eYyu_LDsTg5jRrfYjKfmzQX7iItKc&e=>


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