[WSBAPT] Change of Trust Situs

[Tom Westbrook]

Hey Jacob,



Why would Florida even care? It’s not like any governmental agency should
care. I don’t think there is any grayness in WA if the Trust allows the
situs to be changed. If the Trust does not allow the situs to be changed
then I don’t think it can be changed. If there is no express language about
change of situs, then my research a couple of years ago led me to
understand it can be changed by the Trustee and Beneficiary. At least I was
confident enough to make the change of situs and so far there has been no
problem for the Trustee with any institutions or others. Not sure you can
take that to the bank, but not sure you even want to deal with a bank any
longer from all the horror stories ☹



Sincerely,



Tom



Thomas J. Westbrook

Attorney at Law



324 West Bay Drive NW, Suite 201

Olympia, WA 98502

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(360) 866--3832 fax

www.buddbaylaw.com



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*From:* wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com>
*On Behalf Of *Jacob Menashe
*Sent:* Thursday, August 18, 2022 8:53 AM
*To:* WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
*Subject:* [WSBAPT] Change of Trust Situs



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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