[WSBAPT] Trust amendment

[Doris Eslinger]

I ran into this a few times and provided a Certificate of Trust with a printout of the RCW and it always worked.

RCW 11.98.075<http://app.leg.wa.gov/RCW/default.aspx?cite=11.98.075>
Certification of trust.
(1) Instead of furnishing a copy of the trust instrument to a person other than a beneficiary, the trustee may furnish to the person a certification of trust containing the following information:
(a) That the trust exists and the date the trust instrument was executed;
(b) The identity of the trustor;
(c) The identity and address of the currently acting trustee;
(d) Relevant powers of the trustee;
(e) The revocability or irrevocability of the trust and the identity of any person holding a power to revoke the trust;
(f) The authority of cotrustees to sign or otherwise authenticate and whether all or less than all are required in order to exercise powers of the trustee; and
(g) The name of the trust or the titling of the trust property.
(2) A certification of trust may be signed or otherwise authenticated by any trustee or by an attorney for the trust.
(3) A certification of trust must state that the trust has not been revoked, modified, or amended in any manner that would cause the representations contained in the certification of trust to be incorrect.
(4) A certification of trust need not contain the dispositive terms of a trust.
(5) A recipient of a certification of trust may require the trustee to furnish copies of those excerpts from the original trust instrument and later amendments which designate the trustee and confer upon the trustee the power to act in the pending transaction or any other reasonable information.
(6) A person who acts in reliance upon a certification of trust without knowledge that the representations contained therein are incorrect is not liable to any person for so acting and may assume without inquiry the existence of the facts contained in the certification. Knowledge of the terms of the trust may not be inferred solely from the fact that a copy of all or part of the trust instrument is held by the person relying upon the certification.
(7) A person who in good faith enters into a transaction in reliance upon a certification of trust may enforce the transaction against the trust property as if the representations contained in the certification were correct.
(8) A person making a demand for the trust instrument in addition to a certification of trust or excerpts is liable for damages, including reasonable attorney fees, if the court determines that the person did not act in good faith in demanding the trust instrument.
(9) This section does not limit the right of a person to obtain a copy of the trust instrument in a judicial proceeding concerning the trust.


Regards,

Doris Eslinger
Attorney at Law
Eslinger Law Office, PLLC
2200 112th Ave NE | Suite 200 | Bellevue, WA 98004 | Phone: (425) 451-3237 |
Fax: (425) 633-2468 | doris at eslingerlawoffice.com<mailto:doris at eslingerlawoffice.com> | eslingerlawoffice.com<http://www.eslingerlawoffice.com/>

----------------------------------------------------------------------------------------------------

This message and its attachements are intended only for the addressee.  Please do not forward this message to others without permission.  The information contained in this message is privileged, confidential, and protected by the attorney-client or attorney work product privileges.  Unauthorized forwarding, printing, copying, distribution, disclosure or use of such information is strictly prohibited.  If you are not the addressee, please promptly delete this message and notify the sender of the delivery error by return e-mail or you may call our office at (425) 451-3237. Nothing in this message should be interpreted as a digital or electronic signature that can be used to authenticate a contract or other legal document.

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Diane J. Kiepe
Sent: Wednesday, September 18, 2019 11:48 AM
To: wsbapt at lists.wsbarppt.com
Subject: Re: [WSBAPT] Trust amendment

Ask them if they will accept a Certificate of Trust with the powers section.  The reason they typically ask (but lower folks may not know it), is to ensure the power to sell is in the trust.  The certification of trust with these powers should make them feel comfortable.  If you need to see what one looks like, happy to share.

Best of luck,


Diane J. Kiepe

Diane J. Kiepe
Douglas Eden
717 W. Sprague Ave.
Suite 1500
Spokane, WA  99201
djkiepe at depdslaw.com<mailto:djkiepe at depdslaw.com>
509-455-5300



From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of Brent Williams-Ruth
Sent: Wednesday, September 18, 2019 11:44 AM
To: wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Trust amendment

List -

A successor trustee (so named through a validly executed amendment by original trustor prior to death) is attempting to sell property. Copy of trust amendment naming successor has been provided. Title company wants original trust document.

When asked for legal reason to provide this disclosure the response provided was - that’s the way we do it.

Trustee wishes to keep terms of trust private. Best course of action - get a new title company?

Not keen on a response of “because that’s how we do it”.

Appreciate thoughts.

Brent Williams-Ruth
Attorney-At-Law

Law Offices of Brent Williams-Ruth, a division of BWR Consulting, PLLC

Office/Scheduling Phone: (425) 830-5134<tel:(425)%20830-5134>

Direct Mobile: (206) 889-7919<tel:(206)%20889-7919>

e-mail<mailto:Brent at Williams-RuthLaw.com> / website<http://www.williams-ruthlaw.com/> / facebook<http://www.facebook.com/bwrconsults> /

As of July 1, 2019 - I began operating as the Law Offices of Brent Williams-Ruth a division of BWR Consulting, PLLC. Please note the new points of contact Brent at Williams-RuthLaw.com<mailto:Brent at Williams-RuthLaw.com> and www.Williams-RuthLaw.com<http://www.williams-ruthlaw.com/>
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20190919/c6043205/attachment.html>