In re RIDDELL
157 P.3d 888 (2007)
NATURE OF THE CASE: Ralph Riddell, the trustee, appealed the trial court's denial of his
motion to modify the trust and create a special needs trust on behalf of a trust
beneficiary, his daughter, Nancy I. Dexter, who suffers from schizophrenia affective
disorder and bipolar disorder.
FACTS: George and Irene were husband and wife with one child, Ralph. George's Last Will
and Testament left the residue of his estate in trust for the benefit of his wife, his son,
his daughter-in-law, and his grandchildren. George created an additional trust for their
benefit. Irene's Last Will and Testament left the residue of her estate in trust for the
benefit of her son; her son's wife, Beverly Riddell; and her grandchildren. Upon the death
of Ralph and Beverly, George and Irene's grandchildren would receive the trust's benefits
until the age of thirty-five when the trusts would terminate and the trustee would
distribute the principal to the grandchildren. Ralph is currently the Trustee. George and
Irene are both deceased. Nancy suffers from schizophrenia affective disorder and bipolar
disorder. She is not expected to live independently for the remainder of her life. Nancy
will receive her grandparents' trust principal, which is approximately one half of
$1,335,000. Ralph, filed a petition in superior court, asking to create a 'special needs'
trust on Nancy's behalf, instead of distributing the trust principal to her. Upon
distribution, Nancy's trust funds would either be seized by the State of Washington to pay
her extraordinary medical bills or Nancy would manage the funds poorly due to her mental
illness and lack of judgment. The trial court denied the motion to modify. The trial court
found that the trust's purpose was 'to provide for the education, support, maintenance, and
medical care of the beneficiaries' and that a modification would only 'permit the family to
immunize itself financially from reimbursing the State for costs of [Nancy's medical] care.'
This appeal followed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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