Manary v. Anderson
176 Wash. 2d 342
Wash.2013Background
- Homer L. and Eileen M. Greene created a revocable living trust funded with their property, and designated beneficiaries.
- After Eileen’s death Homer remained sole trustee and later amended the trust without altering terms about the disputed property.
- In 2004 Homer executed a will bequesting the real property to Edwin A. Anderson without mentioning the trust.
- Homer died in 2007; Anderson took possession of the residence and later served as personal representative.
- Alice Manary, as successor trustee, pursued quiet title; the trial court ruled for Manary, the Court of Appeals for Anderson, and the Supreme Court granted review.
- The central issue is whether Homer’s will effectively disposed of Homer’s interest in the property under the Testamentary Disposition of Nonprobate Assets Act (RCW 11.11).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is the property a nonprobate asset under the Act? | Anderson: asset fits nonprobate definition | Manary: asset excluded by exceptions | Yes; property is a nonprobate asset |
| Is Homer an “owner” who can dispose by will? | Anderson: Homer had beneficial ownership and authority | Manary: property remained in Trust ownership | Yes; Homer is an owner for the Act |
| Is Anderson a testamentary beneficiary under the Act? | Anderson: named in will to receive asset | Manary: beneficiary status under the Act is not met | Yes; Anderson is a testamentary beneficiary |
| Did Homer specifically refer to the property in his will to activate the Act? | Anderson: explicit reference to property suffices | Manary: no reference to the instrument passes the asset | Yes; specific bequest of the asset suffices without naming the instrument |
| Is Anderson entitled to attorney fees for answering the petition for review? | Anderson: entitlement under RAP/RCW 11.96A.150 | Manary: no fee entitlement as relief not denied | No; attorney fees not awarded |
Key Cases Cited
- Button v. Button, 79 Wn.2d 849 (Wash. 1971) (common-law revocation methods control trust revocation)
- Campbell & Gwinn, LLC v. D.W. Steuber & Assocs., 146 Wn.2d 1 (Wash. 2001) (statutory interpretation; ascertain legislative intent)
- Lake v. Woodcreek Homeowners Ass’n, 169 Wn.2d 516 (Wash. 2010) (plain-meaning interpretation guiding statutory construction)