[WSBARP] Witness Protection Question

[Jan Kelly]

I just finished a trust for husband and wife. They have one adult son.
Initially they said statutory default rules would be fine for remote
contingent distribution if the 3 of them were killed simultaneously. After
the trust was executed, they told me that the husband's brother is in
witness protection (for over 10 years now).

What would happen in the remote contingent distribution case where the
husband's share would be distributed among and between his siblings, when
the brother is in witness protection? He wonders if he should have his
brother declared legally dead?

I suggested that they provide alternate distribution information for such
remote contingent situation; however, they still want to know how it would
be handled if they did not change the trust agreement and did nothing about
the brother.

I am very interested in your thoughts! Thanks in advance.

-- 


*Jan Kelly, JD/MBA*Attorney at Law

JK Law
PO Box 1964
Poulsbo, WA 98370
Direct Line (702) 338-6733
Facsimile (360) 779-2265

*Licensed in Nevada and Washington*.


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