[WSBAPT] Change trustee before funding trust

Wed Nov 8 20:31:50 PST 2017

What does the trust say about replacement trustees if this trustee can no
longer serve? If there is suitable clause in trust, this might be used to
replace the trustee without a  legal action. Fairly typical to find such a
clause in irrevocable trusts. 
If this offender is the only trustee, with no possible replacements, that
seems a bit unusual. Sounds like a lot of work to go court to seek removal
of the offender.
Have you read the trust portions of the Probate Code. See 11.98.039 and 041?

Another idea is to write to the trustee and explain that they committed the
offense; that Trustor will not fund the trust and trust will be disregarded
unless the trustee voluntarily resigns.
If they will not resign, then follow the code sections above or  create a
new trust document and fund that trust, instead.
But all of this is just spit balling, without seeing the trust document and
giving a close reading to the Trust Act.

Michael A. Winslow
1204 Cleveland Ave.
Mount Vernon, WA 98273
Ph. 360-336-3321
Em. Mike at winslegal.com

This message is from an attorney, so it's confidential. If you are not the
intended recipient, it's too late to stop reading this message, but you may
not use it for any improper purpose. Huge Disclaimer available upon request.

From: wsbapt-bounces at lists.wsbarppt.com
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Paul Barrera
Sent: Wednesday, November 08, 2017 7:15 PM
To: 'WSBA Probate & Trust Listserv'; WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Change trustee before funding trust

Update:
Irrevocable trust, unfunded. Trustee insulted the sole beneficiary and
reported offense to trustor. Trustor and beneficiary agree on removing
trustee and replacing with known party, who consents. Trustee has no
knowledge of his offense. Trustor and beneficiary want to change trustee
immediately.
Non-judicial binding agreement under TEDRA?
Paul A. Barrera
Attorney
Phone: (206) 413-7288
Fax: (206) 367-0120
NORTH CITY LAW, PC
17713 15th Ave NE Suite 105
Shoreline, WA 98155
www.northcitylaw.com <http://%3cbr/%3ewww.northcitylaw.com> 
Sent while mobile

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com>
on behalf of Mike Winslow <mike at winslegal.com>
Sent: Wednesday, November 8, 2017 5:21:18 PM
To: 'WSBA Probate & Trust Listserv'
Subject: Re: [WSBAPT] Change trustee before funding trust 

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

This message is from an attorney, so it's confidential. If you are not the
intended recipient, it's too late to stop reading this message, but you may
not use it for any improper purpose. Huge Disclaimer available upon request.

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 

red

North City Law, PC
17713 15th Ave NE Suite 105
Shoreline, WA  98155

CONFIDENTIALITY NOTICE:  The information transmitted in this e-mail message
and attachments may be attorney-client information, including privileged and
confidential material, and is intended only for the use of the individual or
entity addressed to above.  Any distribution, use, or review by unauthorized
persons is strictly prohibited.  If you have received this transmission in
error, please immediately notify the sender and permanently delete this
transmission including attachments.

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