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

[Randolph Petgrave]

Thanks for all your input!

Sent from my iPhone

> On Oct 13, 2016, at 4:20 PM, Mike Winslow <mike at winslegal.com> wrote:
> 
> 
> 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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