[WSBAPT] resignation of Trustee without discharge

[Eric Nelsen]

I am unclear on meaning of the word "discharge" in Ch. 11.98 RCW when it comes to Trustees. See RCW 11.98.029, .039, .041<http://app.leg.wa.gov/RCW/default.aspx?cite=11.98&full=true#11.98.029>.

The statutes appear to indicate that a resignation is only effective upon discharge. But I have generally understood "discharge" to mean not only that the person has resigned, but that their prior accounting has been approved and there can be no further action against them for liability. Possibly I have given the term too much weight. If a Trustee is "discharged," is the Trustee still subject to liability for mishandling funds during their tenure?

I just need a misbehaving Trustee to resign in favor of a successor named in the instrument, so the successor can do the necessary investigation. Obviously I do not want to discharge the resigning Trustee's liability...

Sincerely,

Eric

Eric C. Nelsen
SAYRE LAW OFFICES, PLLC
1417 31st Ave South
Seattle WA  98144-3909
phone 206-625-0092
fax 206-625-9040

Please Note that We Have Moved. We have moved our Seattle office to Mount Baker Ridge (a small commercial community just above the I-90 tunnel). Our new address is 1417 31st Avenue South, Seattle WA 98144. All other contact information remains the same.

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