[WSBAPT] Proof of Lost RLT; Transfer of real property

Eric Nelsen Eric at sayrelawoffices.com
Tue Dec 9 12:11:50 PST 2014


Haven't made the effort to research this myself too much yet, but I'm hoping somebody with knowledge will be charitable-                -

Potential client's deceased relative had a Revocable Living Trust and a pour-over Will. Real property is titled in the RLT, but RLT can't be found. (Still searching but not much hope at this point.)

Are the case-law standards and presumptions to prove a lost RLT the same as those used to prove a lost Will? Does RCW 11.20.070<http://app.leg.wa.gov/rcw/default.aspx?cite=11.20&full=true#11.20.070> re proof of lost Will apply to RLTs as well?

I'm guessing we end up with intestacy...but if so, what the heck do we do with the title to the real property, with no evidence of who is the trust beneficiary or the trustee?

Sincerely,

Eric C. Nelsen
SAYRE LAW OFFICES, PLLC
1320 University St
Seattle WA  98101-2837
phone 206-625-0092
fax 206-625-9040

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