[WSBAPT] resignation of Trustee without discharge

[Thomas Gates]

Eric:

My read is that resigning trustee, while discharged, is still liable for wrongful acts committed.  And, the successor has a duty to investigate if there is any indication of wrongful acts in breach of the resigning trustee's fiduciary duties.

Tom

Sent from my iPad

> On Jun 7, 2017, at 4:15 PM, Eric Nelsen <Eric at sayrelawoffices.com> wrote:
> 
> 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.
>  
> 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
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> phone 206-625-0092
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>  
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