[WSBAPT] Discovering a Trust

Wed Apr 26 20:12:47 PDT 2017

If the disagreeable attorney represents the “trust,” is he placing himself in a position of representing all the beneficiaries?  “…because he's technically the attorney for the Trust and could be the attorney for the Trustee, if asked…” Sounds a little like protecting fees? Maybe compel production of information from the attorney who represents the “trust” by a court order and ask for attorney fees? 

Very truly yours,

Maureen A. Wickert, Attorney at Law

14900 Interurban Avenue South, Suite 255

        Tukwila, WA 98168

       Phone: 206-859-5502

         Fax: 206-260-9005

      <http://www.wickertlawoffice.com/> www.wickertlawoffice.com

        <mailto:wickertlaw at comcast.net> wickertlaw at comcast.net

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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Jayne Gilbert
Sent: April 26, 2017 18:56
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Discovering a Trust

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 <mailto: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 11.98.072

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  <http://app.leg.wa.gov/RCW/default.aspx?cite=11.96A.150> 11.96A.150.

Sara D. Longley, J.D., LL.M.

Attorney at Law

1734 NW Market Street

Seattle, WA 98107

 <tel:%28206%29%20434-5644> (206) 434-5644

Sara at longley-law.pro <mailto:Sara at longley-law.pro> 

www.longley-law.pro <http://www.longley-law.pro/> 

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From: wsbapt-bounces at lists.wsbarppt.com <mailto:wsbapt-bounces at lists.wsbarppt.com>  [mailto: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 <mailto: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 <tel:(360)%20336-9515> 

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-- 

*************************************************

Jayne Marsh Gilbert

Gilbert and Gilbert Lawyers, PS

(360) 336-9515

*************************************************

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