[WSBAPT] Change trustee before funding trust

[Mike Winslow]

Is the trust revocable? If so, are there any special requirements to
revocation? What does the trust say about the ability to revoke?
If revocable, I would revoke or revise the trust, to make the changes
desired and have the Trustor execute the change.
 
If unfunded, it would seem the trustee has nothing to administer, but
examination of the trust and determination that the Trustee has no right to
compel funding of the trust would be the next step.
If Irrevocable, and some ability in the trustee to compel funding, then you
are probably in TEDRA land. Close examination of the trust and Chapter 11
(Probate Code) would be in order.
 
 
Michael A. Winslow
1204 Cleveland Ave.
Mount Vernon, WA 98273
Ph. 360-336-3321
Em. Mike at winslegal.com
 
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From: wsbapt-bounces at lists.wsbarppt.com
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Paul Barrera
Sent: Wednesday, November 08, 2017 4:44 PM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Change trustee before funding trust
 
Listmates:
 
My client, the trustor, created a trust with a professional as trustee, and
a requirement that all trustees must be licensed professionals. Prior to
funding the trust, the trustor found the professional highly offensive, in
that the professional cursed and insulted the beneficiary to the point of
humiliating him. Now, the trustor wants the trust to have a non-professional
trustee, someone she knows and trusts.
 
Two questions:
1.	Does a valid trust exist when the trust document is executed and
delivered to the originally intended trustee and the trust document is not
yet funded?
2.	If a trust exists, do I execute a non-judicial binding agreement
removing the requirement for a professional trustee, appointing the new
trustee, and serve it on the original trustee?
 
Paul
 
Paul A. Barrera
Attorney
 
Office      206-413-7288
Fax           206-367-0120
Email       <mailto:paul at northcitylaw.com> paul at northcitylaw.com 
Web         <http://www.northcitylaw.com/> www.northcitylaw.com 
 
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North City Law, PC
17713 15th Ave NE Suite 105
Shoreline, WA  98155
 
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