Legal Question in Wills and Trusts in Washington

Trusts

I am the trustee for a Trust that is paying out a yearly payment to five beneficiaries, based on the performance of the Trust's investments. The will states that the beneficiary must be living to receive payment. If they die, no one else will receive payment and their portion will be split among those still living. I have not heard from two of these payees in several years and question who is receiving and using this income. As trustee, can I request a signed and notarized document to periodically confirm that they are living?


Asked on 12/06/07, 1:54 pm

1 Answer from Attorneys
Elizabeth Powell ELizabeth Powell PS Inc

Re: Trusts

You'll need to address this question to the attorney that drafted the trust. If you are concerned that you are making payments to persons no longer living, how are the trust checks being negotiated? Isn't someone endorsing them?

You can also contact the health department or the agency of the State in that location that issues death certificates and determine whether these people are alive or not.

Alternatively, you could call the beneficiaries and talk to them.

Hope this helps. Elizabeth Powell

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Answered on 12/06/07, 2:00 pm


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