[WSBARP] Witness Protection Question

John J. Sullivan sullaw at comcast.net
Fri Mar 5 12:43:45 PST 2021


Chat with a US Attorney or US Marshall on a hypothetical basis. Do they have a secure means of handling a distribution?

John J. Sullivan 

Sent from my iPhone

> On Mar 5, 2021, at 11:40 AM, Jan Kelly <jan at jankellylaw.com> wrote:
> 
> 
> 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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