[WSBAPT] Discovering a Trust

Wed Apr 26 21:08:32 PDT 2017

I truly think the attorney feels he cannot release the Trust instrument
without the Successor Trustee's consent or he would be violating ethical
rules. He did suggest I might have to go to court to compel production of
the Trust.

On Wed, Apr 26, 2017 at 8:12 PM, Maureen Wickert <wickertlaw at comcast.net>
wrote:

> 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
>
> [image: Business card for email]
>
> 14900 Interurban Avenue South, Suite 255
>
>         Tukwila, WA 98168
>
>        Phone: 206-859-5502 <(206)%20859-5502>
>
>          Fax: 206-260-9005 <(206)%20260-9005>
>
>      www.wickertlawoffice.com
>
>        wickertlaw at comcast.net
>
> *This electronic message contains information which may be confidential
> and/or legally privileged. The information is intended for the use of the
> individual or entity named above. If you are not the intended recipient, be
> aware that any disclosure, copying, distribution or use of the contents of
> this transmission is prohibited. If you have received this electronic
> transmission in error, please notify me by telephone or by email
> immediately.*
>
>
>
> *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>
> 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
> may contain information that is privileged, confidential, and/or exempt
> from disclosure.  If you have received this message in error, please inform
> the sender by telephone or reply email and delete this message and all
> attachments.  Thank you.
>
>
>
> *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
>
> *************************************************
>
>
> _______________________________________________
> WSBAPT mailing list
> WSBAPT at lists.wsbarppt.com
> http://mailman.fsr.com/mailman/listinfo/wsbapt
>
>
>
>
>
> --
>
> *************************************************
>
> Jayne Marsh Gilbert
>
> Gilbert and Gilbert Lawyers, PS
>
> (360) 336-9515
>
> *************************************************
>
> _______________________________________________
> WSBAPT mailing list
> WSBAPT at lists.wsbarppt.com
> http://mailman.fsr.com/mailman/listinfo/wsbapt
>

-- 
*************************************************
Jayne Marsh Gilbert
Gilbert and Gilbert Lawyers, PS
(360) 336-9515
*************************************************
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20170426/38a53cc9/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.jpg
Type: image/jpeg
Size: 2703 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20170426/38a53cc9/image001.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image003.jpg
Type: image/jpeg
Size: 1120 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20170426/38a53cc9/image003.jpg>