[WSBAPT] Discovering a Trust

[Jayne Gilbert]

Sara:

The problem is that the Successor Trustee has not employed the attorney.
The attorney says it would be unethical to provide the Trust to my client
because he's technically the attorney for the Trust and could be the
attorney for the Trustee, if asked. The Trustee's whereabouts is unknown to
both of us.

On Wed, Apr 26, 2017 at 4:37 PM, Sara D. Longley <sara at longley-law.pro>
wrote:

> If this attorney represents the current trustee, he’s doing his client no
> favors by denying a copy of the trust instrument to a qualified beneficiary.
>
>
> RCW 11.98.072Trustee—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* <http://app.leg.wa.gov/RCW/default.aspx?cite=11.96A.150>.
>
>
>
>
>
> [image: cid:image001.jpg at 01D1F8A6.19C81E60]
>
> Sara D. Longley, J.D., LL.M.
>
> Attorney at Law
>
>
>
> 1734 NW Market Street
>
> Seattle, WA 98107
>
> (206) 434-5644
>
> Sara at longley-law.pro
>
> www.longley-law.pro
>
>
>
> This email is intended only for the individual to whom it is addressed and
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>
>
>
> *From:* wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.
> wsbarppt.com] *On Behalf Of *Jayne Gilbert
> *Sent:* Wednesday, April 26, 2017 3:53 PM
> *To:* WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> *Subject:* [WSBAPT] Discovering a Trust
>
>
>
> H&W are dead. No probate, but there's a trust with 2 Beneficiaries. The
> attorney who drew up the Trust says he cannot ethically release it to a
> beneficiary (the Trustee's sister). He does not represent the successor
> Trustee, brother as of now, but maintains that his allegiances flow to the
> current Trustee who cannot be found. Any suggestions re obtaining a copy of
> the Trust?
>
>
>
> --
>
> *************************************************
>
> Jayne Marsh Gilbert
>
> Gilbert and Gilbert Lawyers, PS
>
> (360) 336-9515
>
> *************************************************
>
> _______________________________________________
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-- 
*************************************************
Jayne Marsh Gilbert
Gilbert and Gilbert Lawyers, PS
(360) 336-9515
*************************************************
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