[WSBAPT] Distribution before Will Contest

[Mark McClure]

I like it! Thanks Mark.

*Mark C. McClure* *| *
*Managing Attorney *Law Office of Mark McClure, PS

*"Why Retire With Debt?"*1103 West Meeker Street, #101
Kent, WA 98032

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*From:* wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com>
*On Behalf Of *Mark Vohr
*Sent:* Friday, May 30, 2025 10:27 AM
*To:* WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
*Subject:* Re: [WSBAPT] Distribution before Will Contest



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



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
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