[WSBAPT] Trust account with beneficiaries

[Joshua McKarcher]

Brent,

I’m sorry I have not been able to read your other response, but I see you got The Master Eric to reply, so let me offer this flimsy “but who knows” response. If I had the signature card that showed “exactly which account type was actually selected” and “exactly how these beneficiaries” were identified/named, then I would consider doing nothing but letting the beneficiaries go claim the account, especially if they are also the heirs at law of the “grantor/trustor/account holder/person identified by the SSN on the account.”

Why? Because I do not understand how any bank form would “actually” allow BOTH a trust account AND naming of death beneficiaries. But then I’m probably not creative enough to imagine how these things could be done such a way, since that really makes no sense.

Unnecessary Josh elaboration: I guess it could be from the days when financial institutions thought it “better to have all the information” instead of “just the information the law requires so we stop bringing unnecessary liability upon ourselves,” which could be why such a form years ago “required” the listing of the “then-current trust beneficiaries,” which is just the goofiest thing ever — and reminds me of the 14-page USAA checking account application I once had handed to me with a straight face for the purposes of re-registering an existing USAA checking account in a single woman’s name and SSN to be an RLT account still under her SSN. The form was the work of someone who either (1) had no idea how foolish it was for USAA to collect all possible persona information for all possible trustees and beneficiaries along with many other massively absurd things, or (2) had the power of federal law overriding all state law because USAA is somehow a federally chartered “thing” if it is, and it can do and demand whatever it wants without regard to state laws. (I have never bothered to figure out which was accurate; we left the account in her individual name. I swear to you all it was FOURTEEN pages long. The client came to realize how absurd USAA was except for her insurance, apparently, and did her banking elsewhere. "Yes. Yes, good.")

Happy Thursday! Best, Josh


Joshua McKarcher

Attorney, Owner
McKarcher Law PLLC
o: (509) 758-3345
josh at mckarcherlaw.com<mailto:josh at mckarcherlaw.com>


________________________________
From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> on behalf of Brent Williams-Ruth <brent at williams-ruthlaw.com>
Sent: Thursday, 02 July 2026 09:19:28
To: WSBA Probate & Trust Listserv <WSBAPT at lists.wsbarppt.com>
Subject: [WSBAPT] Trust account with beneficiaries

Bank account exists in the name of a Trust.

Trustee/Trustor passes away.

Bank account has a beneficiary designation. (two adult children).

Original Trust document location is unknown, and no successor trustee was established when this account was set up.

Can the beneficiaries claim the money?

My thought is that the answer is no because the "trust" didn't die. But if the terms of the trust cannot be found and no successor trustee comes forward to manage the funds, is the answer a TEDRA with all interested and involved parties?

Thank you for your insights.


Brent Williams-Ruth (pronouns: he/him)
Attorney-At-Law

Law Offices of Brent Williams-Ruth, a division of BWR Consulting, PLLC

Physical Address: 500 S 336th Street, Suite 214; Federal Way, WA 98003

Mailing Address: PO BOX 3319; Federal Way, WA 98063

Office/Scheduling Phone: (253) 285-7751

For All Meetings & Scheduling: info at williams-ruthlaw.com<mailto:info at williams-ruthlaw.com>

e-mail<mailto:Brent at Williams-RuthLaw.com> / website<http://www.williams-ruthlaw.com/> / facebook<http://www.facebook.com/bwrlaw> /
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