[WSBAPT] Delegate Under 11.98.071

[nestor at pplsweb.com]

I didn't use the term Limited, just "Trust Delegate" however the delegation
is specific and limited to selling, operating and managing properties in
Florida.

 

Nestor Gorfinkel, Attorney at Law

Licensed in Washington & Florida

Florida Civil-Law (International) Notary

 

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com>
On Behalf Of Eric Nelsen
Sent: Wednesday, February 27, 2019 9:38 AM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Delegate Under 11.98.071

 

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>
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of nestor at pplsweb.com
<mailto: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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P Please consider the environment before printing this e-mail.

 

 

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