[WSBAPT] Trustee Liability for Mold Issues

[Heather deVrieze]

I don't do mold litigation, but have always advised trustee and Personal Representative clients that they should disclose known defects.

Sell the property as is with a bargain and sale deed and the Trustee should be able to avoid liability.

Heather


Heather S. de Vrieze
Attorney-at-Law
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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of jeffrey winter
Sent: Thursday, March 10, 2016 2:43 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Trustee Liability for Mold Issues


Listmates:



I would be interested in hearing from anyone who has run into a similar situation and how they might have handled it...



My client is a successor trustee under a RLT.  Mom and dad are both gone now, and one of the assets is the home place on some acreage.  Unfortunately, the home is situated on a flood plain, and has in fact sustained flood damage several times.  In addition to that, recent inspections have uncovered what appears to be mold in certain areas of the house.



A dispute has arisen among the beneficiaries of the trust as to how best to dispose of the home place.  Some want to sell it outright.  The trustee (also a beneficiary) is concerned about liability arising from the mold.  Trustee's proposal is to raze the structure and sell the improved lot.  Siblings are saying that would be a breach of fiduciary duty.



Not being that familiar with mold liability in WA, would it be sufficient to avoid liability if the trustee disclosed the flooding and mold issues, or would we be better off going to court to get permission to raze the structure and sell the land?



Thank you for your thoughts....



Jeff Winter
Jeffrey D. Winter
Law Office of Jeffrey D. Winter, P.S.
604 North Main Street
Ellensburg, WA 98926
(509) 925-9600 tel.
(509) 925-9606 fax





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