Law Office of John S. Palmer Attorney at Law

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New Notice Requirements for Irrevocable Trusts

Posted Wednesday, April 4, 2012 by John S. Palmer

Effective January 1, 2012, a new obligation was imposed on trustees of irrevocable trusts in Washington State. This obligation is set forth in RCW 11.97.010(2), and requires the trustee to notify those with a legally recognized interest in the trust of the trust’s existence. This notice requirement applies only to irrevocable trusts created after December 31, 2011, and revocable trusts that become irrevocable after that date.

The trustee must notify interested parties of the trust’s existence within sixty days of becoming trustee of an irrevocable trust, or the date the trustee learns that a formerly revocable trust has become irrevocable, such as by the death of the trustor. The notice must disclose: (a) The existence of the trust, (b) the identity of the trust’s creator(s), (c) the trustee’s name, address, and telephone number, and (d) the right to request such information as is reasonably necessary to enable the notified person to enforce his or her rights under the trust.

If a person entitled to notice is a minor, the notice may be given to a parent or legal guardian. For charities with a future interest in the trust that may be revoked, notice must be given to the attorney general.

A trustee who gives notice as required by the statute satisfies the duty to inform the beneficiaries of the existence of the trust.

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Law Office of John S. Palmer11911 NE 1st St, Ste. B204,Bellevue, WA 98005-3056