[WSBAPT] Distribution before Will Contest

[Mark Vohr]

Amy –

          I used to use a receipt refunding agreement – see attached.  Not so much anymore, as I’m with you and insist on waiting out the creditor claim period.  It’s only four months and some of that time is needed to marshal assets anyway. But, so estates/trusts are really simple and straight forward and marshaling is done quickly.

This one is for a probate, but you can amend it for a trust.  One still wants to be very careful not to overdistribute as it’s never easy to recover distributed funds, but this might be helpful.  Beneficiaries may be reluctant to sign this, but if they want pre-settlement distributions, well then…

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 <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Amy Goertz
Sent: Friday, May 30, 2025 10:15 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Distribution before Will Contest

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<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.goertzlambrecht.com_&d=DwMFaQ&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=K1mLMC1eFjwfeeMM-AC6zQ&m=7Md8qD67h_OUe4lDowSHgBN_fUhpbwWfFlJlXrKWlMVUMr1M2avgbgJiJLpxZux2&s=3ZEDdKZ-b2xErAhKp-8FT-ZR0ul-m8YzcWmRwfJ8wXk&e=>







-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20250530/cb269297/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: Receipt-release-waiver-refund agreement.dotx
Type: application/vnd.openxmlformats-officedocument.wordprocessingml.template
Size: 20216 bytes
Desc: Receipt-release-waiver-refund agreement.dotx
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20250530/cb269297/Receipt-release-waiver-refundagreement.dotx>