[WSBAPT] trust situs

[Karen E. Boxx]

The 2011 trust legislation did away with the old "principal place of administration" definition.  See the Wash Law Review article by Katie Groblewski and me - there's a section explaining how the new situs section (11.98.005) works.
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2340718 (you need to have a SSRN account to download but it's free).

If the trust has a choice of situs or choice of law specified, you'll need to amend that.

karen

Sent from my iPad

On Feb 26, 2015, at 1:54 PM, Jeff Davis <jeff at bellanddavispllc.com<mailto:jeff at bellanddavispllc.com>> wrote:

To determine a Trust situs under Washington law see RCW 11.98.005.

Jeff Davis

From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Tom J. Westbrook
Sent: Thursday, February 26, 2015 1:24 PM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] trust situs

Agree with Teunis.

Sincerely,

Tom

Thomas J. Westbrook
Attorney at Law

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Rodgers, Kee & Card
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From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Teunis J. Wyers
Sent: Wednesday, February 25, 2015 1:46 PM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] trust situs

As I understand it, the situs of a trust is the location where the records are kept and the administrative decisions are made.  In my experience, most trusts coming in from other states have a have references to the state where the trust was created, at least with respect to the laws applying to the interpretation of the trust terms.  My normal practice is to prepare a simple trust amendment stating that the situs of the trust is being moved to Washington, and that Washington law will apply going forward.  That should be enough, shouldn't it?  Most clients would resist any "registration" of their trust.

On Wed, Feb 25, 2015 at 10:18 AM, Dewey Weddle <dwweddle at msn.com<mailto:dwweddle at msn.com>> wrote:
Esteemed Colleagues,

I have a client who moved here from out of state.  While a resident of the other state, he created a Revocable Living Trust.  Now he is wondering whether he should formally change the situs of the Trust to Washington.  I have looked at the statute having to do with situs, and it appears that, provided that one or more of several criteria are met, a trust can be registered here in Washington by filing a form similar to the one described in the statute.

Is there any advantage or disadvantage in doing this immediately?  Any harm in waiting?

Best regards to all,

Dewey

Law Office of Dewey W. Weddle, PLLC
909 7th Street
Anacortes, WA  98221

Telephone  360-293-3600<tel:360-293-3600>
Fax        360-293-3700<tel:360-293-3700>
Best regards,


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