Legal Question in Wills and Trusts in Washington

can I be reomoved from a trust or have it given to another person or a charity?

My mother has set up a trust and included all 10 of her children. She is still iving and ablr to make her own decisions. I am concerned about the fighting that will occur after her death and the executor is the most volatile of the siblings. Can I opt out or have my portion given to another person or a charity? I know trusts are set up to avoid this very thing but with my family I don't think it is possible.


Asked on 1/29/04, 5:31 pm

1 Answer from Attorneys

Bruce Busch Bruce R. Busch, Attorney at Law

Re: can I be reomoved from a trust or have it given to another person or a chari

It sounds like it is your mother's trust; therefore, you are only a contingent beneficiary and there is no right to opt out at this time other than to tell your mother you want no interest in the trust. At your mother's passing you could disclaim your interest in the trust, which would have the same effect. Of course if you took either action you'd be effectively disinheriting yourself from your mother's estate.

Perhaps another solution is if your mother were to name co-trustees of the trust so that any volatility by one trustee would be balanced by a co-trustee with perhaps a third individual as a tie-breaker vote on unresolved issues.

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Answered on 1/29/04, 8:26 pm


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