[WSBAPT] Discovering a Trust

Thu Apr 27 18:57:49 PDT 2017

My understanding is that the missing Trustee, brother of my client, is the
only successor to the parents' Trust. My client is his sister. There are
only two vested beneficiaries of the Trust the missing brother (Trustee)
and his sister (my client)

On Thu, Apr 27, 2017 at 5:32 PM, John Creahan <john at cairn-law.com> wrote:

> 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
>
> *Now located in the heart of Fremont *3417 Evanston Ave. N, Suite 312
> Seattle, WA 98103
> 206-578-5877 <(206)%20578-5877>
>
>
>
>
>
> *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> 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
>
> *Now located in the heart of Fremont *3417 Evanston Ave. N, Suite 312
> Seattle, WA 98103
> 206-578-5877 <(206)%20578-5877>
>
>
>
>
>
> *From:* 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>
> *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> 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>
> 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
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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>
> 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>.
>
>
>
>
>
> [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 <%28206%29%20434-5644>
>
> Sara at longley-law.pro
>
> www.longley-law.pro
>
>
>
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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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>
>
> --
>
> *************************************************
>
> Jayne Marsh Gilbert
>
> Gilbert and Gilbert Lawyers, PS
>
> (360) 336-9515
>
> *************************************************
>
>
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>
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> --
>
> *************************************************
>
> Jayne Marsh Gilbert
>
> Gilbert and Gilbert Lawyers, PS
>
> (360) 336-9515
>
> *************************************************
>
> _______________________________________________
> WSBAPT mailing list
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-- 
*************************************************
Jayne Marsh Gilbert
Gilbert and Gilbert Lawyers, PS
(360) 336-9515
*************************************************
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