[WSBAPT] Discovering a Trust

Thu Apr 27 20:44:28 PDT 2017

No and thanks for your input

On Thu, Apr 27, 2017 at 8:03 PM, John Creahan <john at cairn-law.com> wrote:

> Sorry to keep pestering you, but as far as you know, did the attorney ever
> represent the brother in his role as trustee?
>
> John Creahan
> Cairn Law, PLLC
> 206-578-5877 <(206)%20578-5877>
> Sent from my phone
> ------------------------------
> From: Jayne Gilbert <jgilbertatty at gmail.com>
> Sent: ‎4/‎27/‎2017 7:01 PM
> To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> Subject: Re: [WSBAPT] Discovering a Trust
>
> 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.w
>> sbarppt.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.w
>> sbarppt.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
>> 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.w
>> sbarppt.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
>>
>> 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.w
>> sbarppt.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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>> 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
>>
>> *************************************************
>>
>>
>> _______________________________________________
>> WSBAPT mailing list
>> WSBAPT at lists.wsbarppt.com
>> http://mailman.fsr.com/mailman/listinfo/wsbapt
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>>
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>>
>>
>>
>>
>> --
>>
>> *************************************************
>>
>> 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
*************************************************
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