[WSBAPT] Declination to Serve ... Now What?

[sullaw at comcast.net]

Listmates: 
  
Question of the day. 
  
Client was appointed as successor trustee of RLT and PR under pour over will. 
  
Client's beneficial interest in the RLT is likely to amount to zero. Serving as trustee is likely to require dealing with somewhat contentious family members. 
  
Therefore, client and co-fiduciary executed declinations to serve as either successor trustees or PR's. 
  
Discussions ensued with counsel for one of the other children/beneficiaries whose beneficial interest may be worth something and who wants to serve. A TEDRA agreement to accomplish a unanimous appointment of the other child is in the draft/negotiation stage, but it is taking longer than my client would like. 
  
Problem: my client has the keys to decedent's home and all his books and records. But she has declined appointment as fiduciary. I am reluctant to advise handing them over to the sibling until the sibling possesses legitimate legal authority, either through a nonjudicial TEDRA agreement or a court order. 
  
Question: Is it possible through a relatively simple way to deposit the keys and documents in the registry of the court (either King or Pierce)? What would be the mechanism for doing so? Simply filing the Will? Petitioning for probate without requesting appointment? A TEDRA Action requesting appointment of an alternate successor trustee by the court? If any of those alternatives is appropriate, how does one deposit the tangible items into the registry after opening the matter? 
  
Thanks in advance. 
  


John J. Sullivan , 

Attorney 

  

Lyons | Sullivan 

10655 NE 4 th Street, Suite 704 

Bellevue, WA 98004 

425·451·2400 tel 425-451-7385 fax 

www.dljslaw.com 

  

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