[WSBAPT] Discovering a Trust

[John Creahan]

Did the now-missing brother act as a trustee while the grantors were alive? Did banks acknowledge his role as trustee, did he sign checks in that capacity?
Depending on your particular facts, it’s possible that the missing brother never “accepted the trusteeship” as required by RCW 11.98.017. If that’s the case, it weakens the attorney’s argument that he owes a duty to the individual who was named as trustee but is now unavailable. Instead, if the attorney owes a duty at all (and I’m still not convinced he does), it is more likely to the trustee who is named as the missing brother’s successor.
My $.02.
John

John Creahan
www.cairn-law.com<http://www.cairn-law.com/>
Now located in the heart of Fremont
3417 Evanston Ave. N, Suite 312
Seattle, WA 98103
206-578-5877


From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Jayne Gilbert
Sent: Thursday, April 27, 2017 12:48 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Discovering a Trust

The Successor Trustee has been serving as such prior to the Trust becoming irrevocable. We can't locate him. My client is the sister of the trustee. The attorney who drafted the trust will not send it to us because of his ethical duties. The attorney said the only way he can release the Trust is either with the Successor Trustee's permission (difficult b/c we don't know where the Trustee is) or through a Court Order

On Thu, Apr 27, 2017 at 10:28 AM, John Creahan <john at cairn-law.com<mailto:john at cairn-law.com>> wrote:
Hi Jayne,
Did the missing brother ever accept the trusteeship or has he been missing since the parents’ deaths?
John

John Creahan
www.cairn-law.com<http://www.cairn-law.com/>
Now located in the heart of Fremont
3417 Evanston Ave. N, Suite 312
Seattle, WA 98103
206-578-5877<tel:(206)%20578-5877>


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 Setareh Mahmoodi
Sent: Thursday, April 27, 2017 8:34 AM

To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Discovering a Trust

Jayne,

I understand the attorney's reasoning, but can't the successor trustee request a copy from the attorney directly, which I am assuming the attorney would be fine releasing a copy to and the successor trustee can then provide a copy to your client/beneficiary? The successor trustee doesn't have to hire the attorney, just request a copy.

Or is there a provision in the trust about how to handle situations with missing individuals?

On Apr 26, 2017 9:14 PM, "Jayne Gilbert" <jgilbertatty at gmail.com<mailto:jgilbertatty at gmail.com>> wrote:
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<mailto: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
[Business card for email]
14900 Interurban Avenue South, Suite 255
        Tukwila, WA 98168
       Phone: 206-859-5502<tel:(206)%20859-5502>
         Fax: 206-260-9005<tel:(206)%20260-9005>
     www.wickertlawoffice.com<http://www.wickertlawoffice.com/>
       wickertlaw at comcast.net<mailto: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> [mailto: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<mailto: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 11.96A.150<http://app.leg.wa.gov/RCW/default.aspx?cite=11.96A.150>.


[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<tel:%28206%29%20434-5644>
Sara at longley-law.pro<mailto:Sara at longley-law.pro>
www.longley-law.pro<http://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> [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?

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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<tel:(360)%20336-9515>
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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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