[WSBAPT] Delegate Under 11.98.071

[Eric Nelsen]

I agree with your caution. "Ancillary Trustee" isn't a familiar term for anyone either, and unlike "Delegate" it might invite a third party to assume that the delegate is basically a co-Trustee.

I might be less concerned if the delegation was for a narrow scope, limited time, dealing with only one third party who can be fully informed about the limits of the delegate's authority, or in circumstances otherwise making it less likely that someone could mistake the "ancillary trustee" for the full trustee and so allow the ancillary trustee to take action beyond the scope of the delegation.

It's hard to guess without knowing what the delegation is for, but if a shorthand title is even really necessary, I think I would want something in it that expressly indicates a limited authority. Maybe "Limited Trustee Delegate" or "Trustee Delegate As To Investment Decisions" or whatever.

Sincerely,

Eric

Eric C. Nelsen
SAYRE LAW OFFICES, PLLC
1417 31st Ave South
Seattle WA  98144-3909
phone 206-625-0092
fax 206-625-9040

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of nestor at pplsweb.com
Sent: Tuesday, February 26, 2019 5:10 PM
To: 'WSBA Probate & Trust Listserv'
Subject: [WSBAPT] Delegate Under 11.98.071

When a Trustee Delegates duties under 11.98.071, is the appointed party and given the duties called a "Delegate" or "Ancillary Trustee". I have an attorney who wants me to use the term Ancillary Trustee instead of Delegate. He says that people are not familiar with the term. I always go by the plain meaning provided in the statute.

Am I splitting hairs?

Nestor Gorfinkel, Attorney at Law
Licensed in Washington & Florida
Florida Civil-Law (International) Notary

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