§ 11.98.002 Definitions
§ 11.98.005 Trust situs and governing law
§ 11.98.008 Trust creation — Methods
§ 11.98.009 Application of chapter
§ 11.98.011 Trust creation — Requirements
§ 11.98.012 Trust creation — Other jurisdictions
§ 11.98.013 Trust creation — Allowable purposes
§ 11.98.014 Trust creation — Oral trusts
§ 11.98.015 Noncharitable trusts without ascertainable beneficiaries
§ 11.98.016 Exercise of powers by co-trustees
§ 11.98.017 Trusteeship — Accepting and declining — Powers without acceptance
§ 11.98.019 Relinquishment of powers by trustee
§ 11.98.029 Resignation of trustee
§ 11.98.039 Nonjudicial change of trustee — Judicial appointment or change of trustee — Liability and duties of successor fiduciary
§ 11.98.041 Change of trustee — Discharge of outgoing trustee, when
§ 11.98.045 Criteria for transfer of trust assets or administration
§ 11.98.051 Nonjudicial transfer of trust assets or administration — Notice — Consent required
§ 11.98.055 Judicial transfer of situs of trusts
§ 11.98.060 Power of successor trustee
§ 11.98.065 Change in form of corporate trustee
§ 11.98.070 Power of trustee
§ 11.98.071 Trustee’s delegation of duties
§ 11.98.072 Trustee — Notification requirements
§ 11.98.075 Certification of trust
§ 11.98.078 Trustee duty of loyalty
§ 11.98.080 Consolidation of trusts
§ 11.98.085 Trustee — Breach of trust — Damages
§ 11.98.100 Nonliability for action or inaction based on lack of knowledge of events
§ 11.98.105 Nonliability of third persons without knowledge of breach
§ 11.98.107 Trustee exculpation
§ 11.98.108 Nonliability of trustee — Beneficiary’s consent, release, or ratification
§ 11.98.110 Contract and tort liability
§ 11.98.130 Rule against perpetuities
§ 11.98.140 Distribution and vesting of assets
§ 11.98.145 Distribution upon termination
§ 11.98.150 Distribution of assets after one hundred fifty-year period
§ 11.98.160 Effective date of irrevocable inter vivos trust — Effective date of revocable inter vivos or testamentary trust
§ 11.98.170 Designation of trustee as beneficiary of life insurance policy or retirement plan — Determination of proper recipient of proceeds — Definitions — Beneficiary designations executed before January 1, 1985, not inva
§ 11.98.200 Beneficiary trustee — Limitations on power
§ 11.98.210 Beneficiary trustee — Disregard of provision conferring absolute or similar power — Power of removal
§ 11.98.220 Beneficiary trustee — Inferences of law — Judicial review
§ 11.98.230 Beneficiary trustee — Income under marital deduction — Spousal power of appointment
§ 11.98.240 Beneficiary trustee — Applicability — Exceptions — Election of exception — Cause of action
§ 11.98.900 Application of RCW 11.98.130 through 11.98.160 — RCW 11.68.090 prevails
§ 11.98.920 Short title
§ 11.98.930 Construction — Chapter applicable to state registered domestic partnerships — 2009 c 521
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Terms Used In Washington Code > Chapter 11.98 - Trusts

  • Administrator: means a personal representative of the estate of a decedent and the term may be used in lieu of "personal representative" wherever required by context. See Washington Code 11.02.005
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Codicil: An addition, change, or supplement to a will executed with the same formalities required for the will itself.
  • Codicil: means a will that modifies or partially revokes an existing earlier will. See Washington Code 11.02.005
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Decedent: A deceased person.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Washington Code 11.02.005
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Fiduciary: A trustee, executor, or administrator.
  • Grantor: The person who establishes a trust and places property into it.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • Inter vivos: Transfer of property from one living person to another living person.
  • Internal revenue code: means the United States internal revenue code of 1986, as amended or renumbered as of January 1, 2001. See Washington Code 11.02.005
  • Irrevocable trust: A trust arrangement that cannot be revoked, rescinded, or repealed by the grantor.
  • Issue: means all the lineal descendants of an individual. See Washington Code 11.02.005
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Marital deduction: The deduction(s) that can be taken in the determination of gift and estate tax liabilities because of the existence of a marriage or marital relationship.
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • person: may be construed to include the United States, this state, or any state or territory, or any public or private corporation or limited liability company, as well as an individual. See Washington Code 1.16.080
  • Personal property: All property that is not real property.
  • Personal representative: includes executor, administrator, special administrator, and conservator or limited conservator and special representative. See Washington Code 11.02.005
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Probate: Proving a will
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Washington Code 11.02.005
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Revocable trust: A trust agreement that can be canceled, rescinded, revoked, or repealed by the grantor (person who establishes the trust).
  • Statute: A law passed by a legislature.
  • Testator: A male person who leaves a will at death.
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • Trustee: A person or institution holding and administering property in trust.
  • Trustee: means an original, added, or successor trustee and includes the state, or any agency thereof, when it is acting as the trustee of a trust to which chapter 11. See Washington Code 11.02.005
  • Trustor: The person who makes or creates a trust. Also known as the grantor or settlor.
  • Trustor: means a person, including a testator, who creates, or contributes property to, a trust. See Washington Code 11.02.005
  • Venue: The geographical location in which a case is tried.