[WSBAPT] Property Ownership/ Trust Question

[Scott Hildebrand]

No, that’s the problem. The trust owns the property, but the document cannot be found.

 

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of John Creahan
Sent: Wednesday, February 15, 2017 11:15 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Property Ownership/ Trust Question

 

Do you have a copy of the trust’s governing instrument? Was the PR named as trustee of the trust? Is a successor trustee identified or is there a procedure in place for naming a successor? 

I would be very careful about doing any legal work on behalf of the trust. Getting a new trustee appointed should not be undertaken casually, and I suspect that there are irreconcilable conflicts between your client, the buyer, and the new trustee. 

Just my $.02.

John

 

John Creahan

 <http://www.cairn-law.com/> 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>  [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Christopher Small
Sent: Wednesday, February 15, 2017 11:00 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com <mailto:wsbapt at lists.wsbarppt.com> >
Subject: Re: [WSBAPT] Property Ownership/ Trust Question

 

This is where I would start:

 

RCW 11.98.039 <http://app.leg.wa.gov/rcw/default.aspx?cite=11.98.039> 

 

What does the trust say for appointing successor trustees?

 

Cheers,




Christopher Small

CMS Law Firm LLC <http://cmslawfirm.com> 

150 Lake St., Suite 227

Kirkland, WA 98033

206.659.1512

 

On Wed, Feb 15, 2017 at 10:15 AM, Scott Hildebrand <scott at starboard-strategies.com <mailto:scott at starboard-strategies.com> > wrote:

Dear Trust Gurus:

With the disclaimer that I only get wrapped up in trust law when it crosses with property law, here is a question I am hoping you all can shed some light on.

 

A client is attempting to acquire a property that is in the name of a family trust. The trustor has passed as has the personal representative for the trustor’s estate. The pr’s pr is still around and has been the point on this so far. Because the family trust owns the property, the title insurer is asking that we do a petition naming an alternate trustee for the trust, which would be the pr’s pr in all likelihood.

 

I have never done one of these, but it seems as though it would be pretty straightforward after all the required notice provisions. For those of you who have done such a pleading, how does it go and what do I need to do? Some crib forms would be awesome if someone would like to share.

 

Thanks,

Scott Hildebrand

Attorney at Law

206-605-8874 <tel:(206)%20605-8874> 


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