[WSBAPT] Copy of revocable trust to heirs?

[Mark Vohr]

Thought I would weigh in here.  Agree with Nestor.  Put a different way, "who is the client of the FA?"  It's the trustee, not anyone else.  So, an FA should be taking direction from the Trustee, not anyone else, even the permissible distributee.   It's a privacy issue, and a management issue.  If the FA does not understand that, then it's time to find a different FA.

Regards,

Mark

Mark C. Vohr, Esq.
Ohana Fiduciary Corp.
Ohana Financial Services
A Washington Trust Company
Mark C. Vohr, J.D., CPG, Principal
PO Box 33710  Seattle, WA  98133
T:  (206) 782-1189 F:  (206) 782-1434
mcv at ohanafc.com      www.ohanafc.com

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of nestor at pplsweb.com
Sent: Tuesday, April 21, 2020 11:51 AM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Copy of revocable trust to heirs?

Your right, I am guilty of a knee jerk reaction. The FA's  duty is to the trustee and until they receive the Trustee's consent or a court order they don't have to disclose.


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.




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 Diane J. Kiepe
Sent: Tuesday, April 21, 2020 11:06 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Copy of revocable trust to heirs?

Nestor,

That was my first thought but even it is, the Trustee is the person to properly notify Trust Beneficiaries in accordance with the trust terms/law - with siblings I have gone through enough to be leery......sad but true jaded by my experience.

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 nestor at pplsweb.com<mailto:nestor at pplsweb.com>
Sent: Tuesday, April 21, 2020 10:22 AM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Copy of revocable trust to heirs?

Is she a beneficiary?

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.



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 Gerald Sprute
Sent: Tuesday, April 21, 2020 9:34 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] Copy of revocable trust to heirs?


Colleagues,



Financial advisor has a copy of his client's Revocable Trust in his records.   Client died, son is the successor trustee, daughter is the next alternate trustee.  Daughter asks advisor for a copy of the trust ( it was a "blue binder trust mill" trust and the attorney is no longer in practice or can be located).

Offhand, does anyone know of a restriction on the financial advisor giving a copy of the trust to daughter?


Jerry Sprute

Law Office of Gerald A. Sprute
P.O. Box 1657
Duvall, WA 98019
Tel: (425) 892-4079
Fax: (425) 844-9151
www.sprutelaw.com <https://urldefense.proofpoint.com/v2/url?u=http-3A__www.sprutelaw.com&d=DwMFAg&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=K1mLMC1eFjwfeeMM-AC6zQ&m=nnbQQRiVwA3hhXBB6Xba634lOZT53eyjLQrspKf2LDo&s=B9rDZ0NRF3JKVR_UndVRwvWSbLIlWBfrh0m8n-GEWjs&e=>






Confidentiality Notice: The information contained in this communication is Confidential and may also be Attorney-Privileged.

The information contained in this communication is intended for the individual or entity to whom it is addressed.  If you are not the intended recipient or an agent responsible for delivering it to the intended recipient, you are hereby notified that unauthorized viewing, dissemination, distribution or copying of this transmission is in violation of the Electric Communications Privacy Act of 1986 as well as the Domestic and International Laws and Treaties.  If you have received this communication in error, please immediately notify Gerald Sprute by telephone at 425.892.4079 and delete it from your system.

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20200421/f90a474d/attachment.html>