[WSBAPT] situs changes and trust administration

Nick Pleasants npleasants at ohswlaw.com
Tue Aug 30 11:47:42 PDT 2022


Diane,
Take a look at RCW 11.98.005<http://app.leg.wa.gov/RCW/default.aspx?cite=11.98.005>, that statute should answer all of your questions. When trust is silent on situs and choice of law, and especially if the decedent lived anywhere other than Washington, I like to register it with the superior court (with notice to all benes) to confirm WA law controls.
Best,
Nick

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Diane J. Kiepe
Sent: Tuesday, August 30, 2022 8:31 AM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] situs changes and trust administration

Hello All,

One area that I have not had the chance to review as much as I'd like to but think about every week just about is the general rule that follows a change in situs of a trust.  Can anyone provide an explanation on what laws govern interpretation and administration of a trust if situs is changed and if the document is silent?  Also, I assume (but you know what they say about assuming), that the document can provide interpretation and administrative state law that will govern if situs is changed.

Any information you can provide or direction to some reading material is appreciated.

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

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