Nature of the Case
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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.
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