To be sure I understand you correctly: since the trust NEVER went to the decedent but passes through directly to his beneficiaries upon his death the fiduciary lists the trust on West Virginia Form ET 6.02 Non-Probate inventory of the Estate.
The fiduciary then answers YES to question #3: Did the decedent make any transfers in Trust which passed to others upon his death? And puts the TOTAL Market Value on Line 3.
THEN, on Page 2 of Form ET 6.02, PART 3: Inventory of Non-probate personal property: the fiduciary writes what the trust consists of ( cash, stock, etc.) the name of the trust & the decedent's name as beneficiary of said trust.
Then the fiduciary writes: "Upon death decedent disposes of his share, as beneficiary of trust, as follows: list of specific bequests from Last Will
& Testament with dollar values per bequest. Total of bequests must equal the total market value of the trust as shown in the answer to question 3, on page 1.
Is this correct? PLEASE BE VERY SPECIFIC IN YOUR REPLY.What does seem unclear, in terms of finally and ultimately settling the estate, is that the estate has bills to pay and the only assets available are from the trust...thus, the bequests will not equal the amounts that will be listed in Part 3, (on page 2 of form ET 6.02.)
There is no place on the form to list the debts that the decedent had when he died, debts that must be paid from the estate prior to any distribution of bequests.Thank you very much for your help. The fiduciary will be filing this form with the County Clerk in just a few days; thus, we need complete & accurate information.