[WSBAPT] Non-pro rata distribution to testamentary trust allowed?

[Jon Fritzler]

Decedent's Will gives his interest in community property to a trust for the benefit his spouse, who survived him.  The only asset subject to probate is the decedent's 50% interest in the house.  All other assets were non-probate assets that passed to the surviving spouse via beneficiary designation or by virtue of joint ownership with right of survivorship. Instead of transferring 50% of the house to the trust, can the surviving spouse fund the trust with the equivalent value in cash?  The Will says nothing about non-pro rata distributions.

Jon M. Fritzler
Attorney at Law

11015 NE Fourth Plain Blvd., Suite D

Vancouver, WA 98662
Tel. 360.818.4431
Eml fritzlerlaw at outlook.com<mailto:fritzlerlaw at outlook.com>
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