[WSBAPT] Listserve Q

[John J. Sullivan]

Tom:

Is the trust agreement clear about who the successor is? If so, a death certificate and an Acceptance of Appointment from the successor should suffice. 

John J. Sullivan

Sent from my iPhone

> On Jun 22, 2018, at 10:15 AM, Tom Westbrook <tjw at w3net.net> wrote:
> 
> John,
> 
> Understanding the Trustee is the one who holds title, I've always wondered
> what happens when that Trustee is deceased. Will the title company simply
> take a death certificate and the Trust document to issue title insurance
> in name of the successor Trustee?
> 
> Sincerely,
> 
> Tom
> 
> Thomas J. Westbrook
> Attorney at Law
> 
> 
> Rodgers Kee Card & Strophy, P.S.
> 324 West Bay Drive NW, Suite 201
> Olympia, Washington  98502
> 
> Phone: 360-352-8311
> Facsimile: 360-352-8501
> Email: tjw at buddbaylaw.com
> Skype: thomas.westbrook
> www.buddbaylaw.com
> 
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> 
> 
> -----Original Message-----
> From: wsbapt-bounces at lists.wsbarppt.com
> <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of John McCrady
> Sent: Friday, June 22, 2018 8:59 AM
> To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> Subject: Re: [WSBAPT] Listserve Q
> 
> A trust is not an entity capable of holding title to real estate, it is
> the trustee who holds title (in trust, for the benefit of a third party or
> parties.)
> 
> When we consider the nature of a trust (the holding of title by one person
> for the benefit of another), it makes sense that the title must be
> conveyed to the trustee.  The trust is not an entity, it is a relationship
> between the trustor, the trustee and the beneficiary, which relationship
> is governed by the trust instrument.
> 
> John McCrady
> Counsel
> Puget Sound Title Company
> 5350 Orchard Street West
> University Place WA 98467
> 253-476-5721
> j.mccrady at pstitle.com
> 
> -----Original Message-----
> From: wsbapt-bounces at lists.wsbarppt.com
> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Rod Harmon
> Sent: Thursday, June 21, 2018 8:47 PM
> To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> Subject: Re: [WSBAPT] Listserve Q
> 
> Why do the title companies take the position that a deed