ERLENBACH v. ESTATE OF THOMPSON

No. 39340-5-1.

954 P.2d 350 (1998)

Melissa ERLENBACH, Respondent, v. The ESTATE OF Christopher D. THOMPSON, deceased, by Wayne E. NEWBIGGING, Personal Representative, Appellant.

Court of Appeals of Washington, Division 1.

April 20, 1998.


Attorney(s) appearing for the Case

Charles Eugene Hunter, Hunter Gates & Patterson, Everett, for Appellant.

J. Bradley Meagher, Everett, for Respondent.


GROSSE, Judge.

When an inter vivos trust provides that upon the trustor's death property will pass to two beneficiaries, or the survivor of them, and the trustor has stricken an alternative provision that the property pass by representation (per stirpes), the survivorship language in the trust is sufficient to preclude application of the anti-lapse statute. The trial court's determination to the contrary is reversed.

FACTS

Melissa Thompson died August...

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