[WSBARP] Trust Distribution

[Timothy Lehr]

All,

 

Relevant section of the Trustor's trust states that upon Trustor's death,
the remaining trust property not previously distributed is distributed to
son, "outright and free of trust." It goes on to say, If son is deceased,
then it goes to X and Y. 

The issue is that the son survived the Trustor by a couple years. While
alive, the trustee failed to distribute most of son's portion to him. Some
portion was distributed. Now, question is whether to distribute remaining
portion to son's estate or distribute to X and Y per terms of the trust. 

 

My strong instinct is that trustee should distribute to son's estate as the
intent of Trustor was for all of son's portion to be distributed to him if
he survived. I've found a case that sets out that the trust corpus vests in
beneficiaries at termination of trust, but what about if a distribution is
called for in the trust but the trust hasn't terminated yet?

 

Thanks for any insight!

 

Timothy C. Lehr

Attorney at Law

Stiles Law Inc., P.S.

 

p:   360.855.0131

e:   timothy at stileslaw.com <mailto:timothy at stileslaw.com> 

w:  www.stileslaw.com <http://www.stileslaw.com> 

 

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