[WSBAPT] Suspended attorney as successor Trustee?

[John Creahan]

Does the governing instrument establish a procedure in for the selection of a successor trustee?

John Creahan
206-621-5848
www.cairn-law.com<http://www.cairn-law.com/>


From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Heather deVrieze
Sent: Friday, March 25, 2016 12:48 PM
To: 'wsbapt at lists.wsbarppt.com' <wsbapt at lists.wsbarppt.com>; KCBA Real Property, Probate and Trust Law Discussion List (realpropertyprobatetrustlaw at lists.kcba.org) <realpropertyprobatetrustlaw at lists.kcba.org>
Subject: [WSBAPT] Suspended attorney as successor Trustee?

An attorney, currently under suspension drafted a codicil to a client's Will a number of years ago. The Will contained a substantial testamentary trust and provided that my client would serve as trustee. The successor trustee in the original will was Rainier National Bank, but this was changed by the Codicil to make Attorney the successor Trustee. My client is in a position of no longer being able to serve.

I suspect that the suspension alone is not disqualifying, but is reason that the involved parties do not want him serving. I'm thinking if the other interested parties can agree, we use TEDRA and either get an agreement the suspended attorney will agree to and sign off, or petition the Court for appointment of an alternate of the beneficiaries' choosing.

Any other obvious solutions I'm missing. The trust is silent on vacancy, or how to remove/replace a trustee.

Heather

Heather S. de Vrieze
Attorney-at-Law
[cid:image001.jpg at 01D013C2.30F35160]
3909 California Avenue SW
Seattle, WA 98116-3705
(206)938-5500
heatherd at westseattlelaw.com<mailto:heatherd at westseattlelaw.com>
www.westseattlelaw.com<http://www.westseattlelaw.com/>

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