[WSBARP] Trust Act notice requirement

[Marcus Fry]

I have an irrevocable trust where the residuary of the trust upon the
passing of the primary beneficiary (aka primary distributee) goes to the
primary beneficiary’s intestate heirs unless primary beneficiary exercises
testamentary POA.  Primary beneficiary doesn’t have capacity to execute
POA.  Trustee is filing an accounting and for purposes of triggering the
commencement of the SOL against trustee desires to give notice to the
remainder beneficiaries (aka qualified beneficiaries).  The question that
I have pertains to these facts: the primary beneficiary is the ward of the
state and Primary Beneficiary’s bio parents’ rights have been terminated
(no adoption, Ward of the state).  We believe the Primary Beneficiary may
have bio siblings, but my question is are the bio parents’ still entitled
to inherit under Washington’s intestate laws, and therefore, entitled to
notice?

 

As an aside, this is not my first crazy fact pattern dealing with trying
to give notice to qualified beneficiaries under the new revisions.  If
anyone is aware of discussion that may be seeking to change the Act, I
suggest eliminating the requirement that qualified beneficiaries are
entitled to notice of trustee’s accountings.  IMHO, the primary
beneficiary (or his/her virtual representative) stands in the best
position to determine whether any wrongdoing is occurring when reviewing
the accounting.

 

Marcus J. Fry

Lyon, Weigand & Gustafson, P.S. 
Adoption Attorney*

P.O. Box 1689 
Yakima, Washington  98907 
Telephone:  (509) 248-7220 
Facsimile:  (509) 575-1883 

 

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