Manary v. Anderson

¶1 In this case, we are asked to decide whether Jeffrey Manary or Edwin A. Anderson is entitled to a decedent’s interest in real property that had been deeded to a trust. Manary claims the interest as a successor trustee; his claim is based on the trust. Anderson claims the interest as a testamentary beneficiary; his claim is based on chapter 11.11 RCW, the Testamentary Disposition of Nonprobate Assets Act (Act).1 The Act allows the “owner” of a “nonprobate asset” to dispose of the asset by will if the owner “specifically refer [s] to” the asset in his will. RCW 11.11.020(1). When an owner…