[WSBAPT] Transferring property when Trust can't be found

[Mike Winslow]

RCW 11.98.072
Trustee-Notification requirements.
(1) A trustee must keep all qualified beneficiaries of a trust reasonably
informed about the administration of the trust and of the material facts
necessary for them to protect their interests. Unless unreasonable under the
circumstances, a trustee must promptly respond to any beneficiary's request
for information related to the administration of the trust. The trustee is
deemed to have satisfied the request of a qualified beneficiary who requests
information concerning the terms of the trust reasonably necessary to enable
such beneficiary to enforce his or her rights under the trust if the trustee
provides a copy of the entire trust instrument. If a qualified beneficiary
must compel production of information from the trustee by order of the
court, then the court may order costs, including reasonable attorneys' fees,
to be awarded to such beneficiary pursuant to RCW 11.96A.150.
(2)(a) Except to the extent waived or modified as provided in subsection (5)
of this section, within sixty days after the date of acceptance of the
position of trustee, the trustee must give notice to the qualified
beneficiaries of the trust of:
(i) The existence of the trust;
(ii) The identity of the trustor or trustors;
(iii) The trustee's name, address, and telephone number; and
(iv) The right to request such information as is reasonably necessary to
enable the notified person to enforce his or her rights under the trust.
(b) The notice required under this subsection (2) applies only to
irrevocable trusts created after December 31, 2011, and revocable trusts
that become irrevocable after December 31, 2011.
(3) Despite any other provision of this section, and except to the extent
waived or modified as provided in subsection (5) of this section, the
trustee may not be required to provide any information described in
subsection (1) or (2) of this section to any beneficiary of a trust other
than the trustor's spouse or domestic partner if:
(a) Such spouse or domestic partner has capacity;
(b) Such spouse or domestic partner is the only permissible distributee of
the trust; and
(c) All of the other qualified beneficiaries of the trust are the
descendants of the trustor and the trustor's spouse or domestic partner.
(4) While the trustor of a revocable trust is living, no beneficiary other
than the trustor is entitled to receive any information under this section.
(5) The trustor may waive or modify the notification requirements of
subsections (2) and (3) of this section in the trust document or in a
separate writing, made at any time, that is delivered to the trustee.

Michael A. Winslow
1204 Cleveland Ave.
Mount Vernon, WA 98273
Ph. 360-336-3321
Em. Mike at winslegal.com

This message is from an attorney, so it's confidential. If you are not the
intended recipient, it's too late to stop reading this message, but you may
not use it for any improper purpose. Huge Disclaimer available upon request.

-----Original Message-----
From: wsbapt-bounces at lists.wsbarppt.com
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Marcus Fry
Sent: Thursday, October 13, 2016 2:04 PM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Transferring property when Trust can't be found

Two options:
1.	Start a TEDRA Petition for delivery of trust document and for
disbursement of trust assets.
2.	File for the appointment of a personal rep for an intestate estate.
Once appointed make demand and if refused, file TEDRA Petition then.  

I would recommend the latter because there is likely assets that are not in
the trust anyway and if the trust (and or the terms) cannot be found, I
believe most argue that it passes via intestacy.  Additionally, the PR can
obtain bank records, etc. rather easily unless those are in the name of the
trust, but you don't know until you ask.

Marcus J. Fry
Lyon, Weigand & Gustafson, P.S. 


-----Original Message-----
From: wsbapt-bounces at lists.wsbarppt.com
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Randolph Petgrave
Sent: Thursday, October 13, 2016 1:51 PM
To: WSBAPT at lists.wsbarppt.com
Subject: [WSBAPT] Transferring property when Trust can't be found

Listmates,

Two questions about Revocable Living Trusts following the grantor's death -

Here are the facts: dad dies and is survived by two adult sons. Years ago,
dad had an RLT drawn up, and transferred title of his house into the trust. 

Son no. 1 lived with dad in dad's house; And still does 10 months post
death. Son no. 2 does not. No probate has been started and no will has been
found. The PC is son number 2.  PC wants answers and information about the
house, assets etc. but is being stonewalled by Son 1. 

1) We are pretty sure Son 1 has the RLT, but is not acknowledging
possession. How can we force its disclosure and obtain a copy?

2) In the event the RLT cannot be found, how can the house be transferred
out of the trust for further disposition?

Thanks in advance for your thoughts. 

Randy

Sent from my iPhone

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