[WSBAPT] Delegate Under 11.98.071

[John Creahan]

I agree that it depends on what is being delegated.
"Ancillary trustee" would be appropriate, I believe, if a trustee were appointed in to manage trust assets in another jurisdiction - a situation analogous to an ancillary probate. That label would indicate that the ancillary trustee would have significant control over the assets in its jurisdiction. RCW 11.98.070(28) uses the term in this way.
I don't think the ancillary trustee label would be appropriate for a "sub-trustee" with trustee-like control over a specific set of assets (such as a family business).
Unfortunately I don't have a better term, but I would consider using a more descriptive term (such as "Family Investment Trustee" or even "Family Investment Advisor"), which could be defined in the trust document.
Hope this helps,
John

John Creahan
www.cairn-law.com<http://www.cairn-law.com/>
206-578-5877
Fremont office:
3417 Evanston Ave. N, Suite 312
Seattle, WA 98103


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

ATTENTION - This e-mail message and any attachment to this e-mail message may contain confidential information that is legally privileged. If you are not the intended recipient, you must not review, retransmit, convert to hard copy, copy, use or disseminate this e-mail or any attachments to it. If you have received this e-mail in error, please notify us immediately by return e-mail or by telephone at the phone numbers provided herein and delete this message. Please note that if this e-mail message contains a forwarded message or is a reply to a prior message, some or all of the contents of this message or any attachments may not have been produced by the sender.

P Please consider the environment before printing this e-mail.


-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20190227/dd7a2f69/attachment.html>