Wait

BACKGROUND

Beverly June Wait entered into the Beverly June Wait Living Trust (Trust) on December 15, 2007. Beverly was a single woman with two living children: Stephen and Rexford.1 The trust named Beverly as trustee, with Stephen as successor trustee if she should cease to act. The beneficiary provisions were contained in paragraph 6.F. of the trust, entitled “Distributions at my Death.” There, Beverly left 65 percent to Stephen (in 1 As is common in probate matters, we refer to the participants by their first names. No disrespect is intended.

1 paragraph 6.F.(3)) and 35 percent to Rexford (in paragraph 6.F.(5)).2 Those distributions were on condition that the son survive Beverly, and if not, his distribution shall fail and be added to the residue of the trust estate. Paragraph 6.F.(3) [sic] governs the distribution of the residue, providing that the remainder be divided into “as many equal shares as there are sons of mine then living and sons of mine then deceased with issue then living.” Beverly also gave instructions for distribution of her personal property, leaving all listed items to Stephen. On October 4, 2010, Rexford executed a “Disclaimer” in which he “disclaimed all…