[WSBAPT] Change of Trust Situs

[Jacob Menashe]

I am thinking about a situation where a trust from Florida allows the change of “principal place of administration” (PPA), which looks like the replacement term in the Uniform Act for situs. Florida counsel is saying there is some “grayness” in Florida law about whether changing PPA changes the law governing the trust.

If that grayness didn’t exist, is there any question that changing the situs (or maybe more accurately, registering the trust as a Washington trust) to Washington under RCW 11.98.005 also means that Washington law governs the trust? (This seems like a pretty basic question and I think I’ve thought the answer is yes but I’ve spent a chunk of time and I’m not certain.)

And what about if there is uncertainty in the law from the other state. If the trust authorizes PPA can be changed will that be good enough for Washington law to apply even if the law in the other state is unclear? About this, I’ve read and reread 11.98.005(2)(a) which says, “Unless the trust instrument designates a state other than Washington as the situs of the trust and does not expressly authorize transfer of situs, the trustee may register . . . .” I think this means if the trust doesn’t authorize changing situs, you can’t use 11.98.005. Am I right?

I realize there are a few questions above and any and all responses to any of the questions will be appreciated.

Thanks,

Jacob

Jacob H. Menashe
Hickman Menashe, PS
4211 Alderwood Mall Blvd., Suite 204
Lynnwood, WA 98036
(425) 744-5658 phone
(425) 744-6078 fax
Satellite Office in Bellevue
www.hickmanmenashe.com

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