[WSBAPT] injunction to stop withdrawal of care?

Fri Oct 14 17:21:23 PDT 2016

pc looking for someone to advise - I have no idea but told person I would ask around. Person is not a blood relative to patient but a friend. 

Sent from my iPhone

> On Oct 14, 2016, at 3:45 PM, Randolph Petgrave <randgrave at msn.com> wrote:
> 
> 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
>> 
>> _______________________________________________
>> WSBAPT mailing list
>> WSBAPT at lists.wsbarppt.com
>> http://mailman.fsr.com/mailman/listinfo/wsbapt
>> 
>> 
>> _______________________________________________
>> WSBAPT mailing list
>> WSBAPT at lists.wsbarppt.com
>> http://mailman.fsr.com/mailman/listinfo/wsbapt
>> 
>> 
>> _______________________________________________
>> WSBAPT mailing list
>> WSBAPT at lists.wsbarppt.com
>> http://mailman.fsr.com/mailman/listinfo/wsbapt
> 
> 
> _______________________________________________
> WSBAPT mailing list
> WSBAPT at lists.wsbarppt.com
> http://mailman.fsr.com/mailman/listinfo/wsbapt