[WSBARP] Trust Distribution

[Stephen A. Brandli]

Unless the distribution is discretionary or based on events other than 
the Trustor's death, wouldn't the right to the trust assets vest in the 
son at the Trustor's death?  Seems to me it goes to the son's estate.

     Steve

On 7/16/19 10:29 AM, Timothy Lehr wrote:
>
> 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>
>
> *NOTICE*: The information contained in this email is proprietary 
> and/or confidential and may be privileged. If you are not the intended 
> recipient of this communication, you are hereby notified to : (i) 
> delete the email and all copies; (ii) not disclose, distribute or use 
> the email in any manner; (iii) notify the sender immediately. Thank you.
>
>
>
> ------------------------------------------------------------------------
> AVG logo <https://www.avg.com/internet-security> 	
>
> This email has been checked for viruses by AVG antivirus software.
> www.avg.com <https://www.avg.com/internet-security>
>
>
> <#DAB4FAD8-2DD7-40BB-A1B8-4E2AA1F9FDF2>
>
> ***Disclaimer: Please note that RPPT listserv participation is not restricted to practicing attorneys and may include non-practicing attorneys, law students, professionals working in related fields, and others.***
>
> _______________________________________________
> WSBARP mailing list
> WSBARP at lists.wsbarppt.com
> http://mailman.fsr.com/mailman/listinfo/wsbarp
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20190716/2ee469eb/attachment.html>