[WSBAPT] Listserve Q

[Lenard]

Part of your argument is that fictitious legal entities do not exist unless the government says they exist.  For example, there is a corporation act that says corporations are separate legal entities, an LLC act that says likewise and business trust/Massachusetts trust act as well.  So a business trust is the only trust that is a separate legal entity.  Otherwise why would we need RCW 23.90?

Many attorneys make the mistake of assuming trusts and estates are separate legal entities.  Not according to trust and estate law.  The IRS website even says that when a person dies their estate becomes a separate legal entity.  Not so.  It becomes a taxpayer and a trust may be a taxpayer, too.  That does not create a separate legal entity.

I have seen trust documents that state that the trust has a name and can hold title to property in the trust name.  Not good policy, at least not until we change trust law.  If all we need to create a separate legal entity is write a document that says so, why do we need a corporation act, an LLC act, etc?  Trust law has always been about relationships, not legal entities.

 

Lenard L. Wittlake, PLLC

Attorney & Counselor at Law

22 E. Poplar Street, Suite 200

P.O. Box 1233

Walla Walla, WA  99362

(509) 529-1529 voice

(509) 850-3515 fax

 <mailto:lenard at wittlakelaw.com> lenard at wittlakelaw.com

 <http://www.lwattorney.com/> www.lwattorney.com

 

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Rod Harmon
Sent: Friday, June 22, 2018 11:37 PM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Listserve Q

 

Rich:

That was so well said I am going to include it in a footnote to a motion for reconsideration I am filing in the court of appeals.  Haven’t figured out what to cite as authority, though.

 

Rod Harmon

 

RODNEY T. HARMON

       Attorney at Law

         P.O. Box 1066

      Bothell, WA   98041

     Tel:   (425) 402-7800

     Fax:  (425) 458-9096

     <http://www.rodharmon.com> www.rodharmon.com

    <mailto:rodharmon at msn.com> rodharmon at msn.com

 

 

 

 

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Rich McEntee
Sent: Thursday, June 21, 2018 10:21 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Listserve Q

 

Rod

 

It is not really a title company issue as much as a legal issue that title companies often catch. 

 

The creation of a trust involves the separation of rights to the trust property — the title to trust property is split between the trustee and the beneficiaries. The trustee holds legal title to the property and the beneficiaries hold equitable title. As the trustee holds legal title to the property, the property is held in the trustee's name. The trust is not a legal entity that can hold properly. It is simply a name/term that denotes the relationship between the grantor and the trustee. Thus, when it is said that property is being transferred to a trust, what is really meant is that property is being transferred to a trustee to be held “in trust” for the benefit of someone else.  

 

Regards

Rich

 

Rich McEntee

McEntee Law Office

3800 Bridgeport Way W Ste A411

University Place, WA  98466

253.227.9894

 <mailto:jrmcentee at gmail.com> jrmcentee at gmail.com

 

 

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On Jun 21, 2018, at 9:10 PM, John J. Sullivan <sullaw at comcast.net> wrote:

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