[WSBAPT] Distribution before Will Contest

[Amy Goertz]

Good Morning -

I have a client who is Successor Trustee of a substantial Trust (around 10 million) where the original Trustor recently died.

We published a NonProbate Notice to Creditors and sent it to each of the beneficiaries.

I have advised the Trustee not to make any distributions until that 4-month claim period has ended.

Trustee is certain there are not going to be any substantial creditors and would like to make a partial distribution (about half). There would be plenty of money holdback for taxes, etc.

Obviously the safest course of action, which I have recommended, is to wait the four months. 

However, Trustee is really hoping to get some of the money to people sooner. I would only feel comfortable doing this if the beneficiaries would sign a waiver of any objection to the Trust and Amendments and we know for sure no one is going to contest Trustor’s capacity or allege undue influence, etc. Does anyone have a Receipt or form they use for this type of thing to waive their right to contest? Do you use a TEDRA (even though there is no dispute at this point)?

Thanks in advance for any input or suggestions - 

Amy

Amy J. Goertz, J.D.
Goertz & Lambrecht PLLC
amyjgoertz at icloud.com <mailto:amyjgoertz at icloud.com> 

1.888.926.2607 phone
1.877.684.1627 fax

Address for correspondence:
2829 S. Grand Blvd., Suite 303
Spokane, WA 99203 

Additional office locations:
510 Bell Street
Edmonds, WA 98020

Goertz & Lambrecht PLLC
www.goertzlambrecht.com <http://www.goertzlambrecht.com/>







-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20250530/8011f8ef/attachment.html>