[WSBARP] Trust Act notice requirement

[Marcus Fry]

Thanks for your thoughts Tom.  I am in the process of getting an order,
but I am familiar with State orders on these matters, and thus, I don’t
expect to see any language re inheritance.

 

Marcus J. Fry

Lyon, Weigand & Gustafson, P.S. 



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From: wsbarp-owner at lists.wsbarppt.com
[mailto:wsbarp-owner at lists.wsbarppt.com] On Behalf Of Tom J. Westbrook
Sent: Wednesday, March 12, 2014 7:53 AM
To: wsbarp at lists.wsbarppt.com
Subject: RE: [WSBARP] Trust Act notice requirement

 

Wow, Marcus. You need to start writing bar exam questions………..

 

I think the answer lies in the wording of the Order that terminated the
Bio Parent’s rights. If it was purely custodial rights terminated, then I
think they are still in line of representation as descendants and would be
entitled to notice – but I do not have a case to cite for you. Seems to me
unless their rights of inheritance were terminated by the Order like would
be the case in Slayer’s statute or financial abuse of vulnerable adult,
they are still in line. At least, that’s where I would be doing my
research on the question. Good luck.

 

BTW – I agree with you about notice to qualified beneficiaries of
trustee’s accounting being overkill. Sometimes just trying to find these
folks is harder than any other part of the trustee’s job. And, what if you
can’t find them but they really do exist? Or even worse, what if they
claim to be a qualified beneficiary (“love child”) and really aren’t but
you have to dig up the decedent to prove DNA match. 

 

Sincerely,

 

Tom

 

Thomas J. Westbrook

Attorney at Law

 

Thomas J. Westbrook, PLLC

PO Box 1

Littlerock, WA 98556

 

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Skype: thomas.westbrook

 

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From: wsbarp-owner at lists.wsbarppt.com
[mailto:wsbarp-owner at lists.wsbarppt.com] On Behalf Of Marcus Fry
Sent: Tuesday, March 11, 2014 2:56 PM
To: 'wsbarp at lists.wsbarppt.com'
Subject: [WSBARP] Trust Act notice requirement

 

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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recognized a credentialing process for specialties, and
certification/fellowship is not required to practice law in this state.

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