[WSBAPT] Trust Registration problems

[Marcus Fry]

I am getting a lot of confusion from court clerks over RCW 11.98.005.  I
often get court approval on establishment of special needs trust, and as
part of that, I generally file them in the proceeding in which they are
approved.  The primary reason is because financial institution
consistently demand a certified copy of the trust.  Also some local court
rules require filing of the original trust, sometimes under a completely
new cause number (this is actually becoming more common).  I haven’t had a
problem filing until now.  Now clerks are telling me that when I am filing
I need to register the trust.  I tell them I don’t want to register it.  I
view registration for those trusts where there is a question as to what
law governs the trust, and the trustee desires the application of
Washington law.  The trusts that I am creating are already governed by WA
law.

 

Anyone else experiencing this issue?

 

Marcus J. Fry

Lyon, Weigand & Gustafson, P.S. 
Adoption Attorney*

P.O. Box 1689 
Yakima, Washington  98907 
Telephone:  (509) 248-7220 
Facsimile:  (509) 575-1883 

 

NOTICES:

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of Adoption Attorneys, an invitation based organization of 300+ attorneys
nationwide, under its criteria of experience, ethics and peer
recommendation. Washington's Supreme Court has not yet developed or
recognized a credentialing process for specialties, and
certification/fellowship is not required to practice law in this state.

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