Summary

• Jurisdiction: Washington

Chapter Details

Summary

§4.1	Rights of All Estate Beneficiaries
	(1)	Right to Petition for Removal of Personal Representative
	(2)	Right to an Inventory and Appraisement, and to a Report of Affairs
	(3)	Right to an Estate Accounting
	(4)	Limitations on Rights Post-Estate of Rathbone
§4.2	Rights of All Trust Beneficiaries
	(1)	Right to Remove a Trustee
	(2)	Right to a Trust Accounting
	(3)	Right to Recover Losses From Trustee
§4.3	Rights and Claims Available to All Beneficiaries
	(1)	Right to Constructive Trust Over Assets
	(2)	Right to a Resulting Trust
	(3)	Claim for a Contract to Devise
	(4)	Declaratory Judgment Action
§4.4	Right to Legal Fees
	(1)	TEDRA's Attorney Fee Provisions
	(2)	General Versus Specific Statutory Provisions

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	(3)	Select Specific Statutes and Case Law on Fees
		(a)	RCW 11.48.210 —Personal Representatives' Attorney Fees
		(b)	RCW 11.24.050 —Attorney Fees in Will Contests
		(c)	RCW 11.68.070 —Attorney Fees for Petitions to Remove Personal Representative
		(d)	RCW 11.76.070 —Attorney Fees in Contests to Erroneous Accounts or Reports
		(e)	Breach of Fiduciary Duty
		(f)	Novel or Unique Issues
		(g)	Delay in Distributing Estate
§4.5	Rights of Specific Types of Beneficiaries
	(1)	Rights of Surviving Spouses
		(a)	To Administer Community Property
		(b)	With Respect to Community Property
		(c)	Under Community Property Agreements
		(d)	Joint and Mutual Wills
		(e)	Omitted Spouses
		(f)	With Respect to Separate Property
	(2)	Prenuptial and Postnuptial Agreements
		(a)	In General
		(b)	Prong One—Substantive Fairness
		(c)	Prong Two—Procedural Fairness
	(3)	Impact of Dissolution of Marriage or Domestic Partnership, Pending or Post Decree, on Estate Planning Documents
		(a)	RCW 11.12.051 —Automatic Revocation Statute for Wills
		(b)	RCW 11.07.010 —Automatic Revocation Statute for Nonprobate Assets
	(4)	Rights of Decedent's Children
		(a)	Rights Based on Status
		(b)	The Equitable Vesting Doctrine for the Support of Minor Children
§4.6	Special Needs Trust Beneficiaries
	(1)	Special Nature of Special Needs Trusts
	(2)	Beneficiary's Reporting and Scrutiny of Trust Distributions
	(3)	Beneficiary's Lack of Control and Limited Recourse
§4.7	Atypical Beneficiaries

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