[WSBAPT] Trust property deed but no Trust documents found

Dalynne Singleton dalynne at glgmail.com
Mon Feb 14 13:59:24 PST 2022 

Unfortunately, the person who recorded the deed is a former attorney who “resigned” in lieu of disbarment.
I will certainly review the case cited below.

Dalynne Singleton
Gourley Law Group
Snohomish Escrow
The Exchange Connection
1002 10th Street / PO Box 1091
Snohomish, WA 98291
360.568.5065
360.568.1717  fax
dalynne at glgmail.com<mailto:dalynne at glgmail.com>
Website:  www.glglawgroup.com<http://www.glglawgroup.com/>
As we face the challenges presented by COVID-19, Attorney/client meetings will be handled by teleconference or virtually whenever possible.  Be assured that we will continue to advise & support our clients throughout this health emergency.  If you would like to set a Zoom or telephone conference with me, please call or email my paralegal theresa at glgmail.com<mailto:theresa at glgmail.com>, dara at glgmail.com<mailto:dara at glgmail.com> or cameron at glgmail.com<mailto:cameron at glgmail.com>.
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Diane J. Kiepe
Sent: Monday, February 14, 2022 1:48 PM
To: Doug Schafer <schafer at pobox.com>; WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Trust property deed but no Trust documents found

Thanks -  I have been meaning to review that but hadn’t yet – makes me want to bring it to the top of the stack.

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: Doug Schafer <schafer at pobox.com<mailto:schafer at pobox.com>>
Sent: Monday, February 14, 2022 1:13 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>; Diane J. Kiepe <DJKiepe at depdslaw.com<mailto:DJKiepe at depdslaw.com>>
Subject: Re: [WSBAPT] Trust property deed but no Trust documents found

Last week's published case may be helpful. I held that no trust existed since there was no trust document.
K&W Children’s Trust v. Estate of William Fay, 2/8/2020, No. 38055-6-III
https://www.courts.wa.gov/opinions/index.cfm?fa=opinions.showOpinion&filename=380556MAJ

Doug Schafer, in Tacoma.
On 2/14/2022 12:50, Diane J. Kiepe wrote:
Hi Dalynne,

I was going to write you directly but thought I’d let others tell you if they think I’m way off.  The below is totally intuitive and off the cuff 😉

First, and I couldn’t tell by your notes below, if the prior transfer agent may have been called to see if they had any documentation from when the property was transferred from decedent to Living Trust?  Also would there be any reason the county would have required a copy of the trust at the time of recording?  Assuming neither of the above, if the Will is dated after the Trust and if the Will has been in place for sometime, and no one can find the trust, I might petition the court to indicate that the trust fails and the Will should govern as, here in WA, we like to say the Testator intent governs.  I think it almost has to be filed as a TEDRA and the tricky part becomes “interested parties”.  Also, I might reflect on if she needed separate counsel as a beneficiary if there are heirs around.

These are the kinds of things that can give you an ulcer – all my best and if you think about it, update us.

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 Dalynne Singleton
Sent: Monday, February 14, 2022 11:41 AM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com><mailto:wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Trust property deed but no Trust documents found

I have a strange one for a Monday morning.
Client came to me as the beneficiary of a Will of her friend.
We filed testate estate.  The only real asset was thought to be a piece of property but when we pulled the deed, it is in a trust with name of decedent.

No one has found any trust documents or knows who is trustee or who is entitled to this trust asset.
Searched the county where the property was located and the person died – nothing for this trust.  The title company engaged for the sale of the property indicates no trust document found.

Any recommendations on moving forward?  The friend wants to go through with sale of property but has no trust authority and we don’t know who trustee is for this trust.

Dalynne Singleton
Gourley Law Group
Snohomish Escrow
The Exchange Connection
1002 10th Street / PO Box 1091
Snohomish, WA 98291
360.568.5065
360.568.1717  fax
dalynne at glgmail.com<mailto:dalynne at glgmail.com>
Website:  www.glglawgroup.com<http://www.glglawgroup.com/>
As we face the challenges presented by COVID-19, Attorney/client meetings will be handled by teleconference or virtually whenever possible.  Be assured that we will continue to advise & support our clients throughout this health emergency.  If you would like to set a Zoom or telephone conference with me, please call or email my paralegal theresa at glgmail.com<mailto:theresa at glgmail.com>, dara at glgmail.com<mailto:dara at glgmail.com> or cameron at glgmail.com<mailto:cameron at glgmail.com>.
LICENSED IN WASHINGTON AND OREGON
IMPORTANT/CONFIDENTIAL: This e-mail message (and any attachments accompanying it) may contain confidential information, including information protected by attorney-client privilege. The information is intended only for the use of the intended recipient(s).  Delivery of this message to anyone other than the intended recipient(s) is not intended to waive any privilege or otherwise detract from the confidentiality of the message.  If you are not the intended recipient, or if this message has been addressed to you in error, do not read, disclose, reproduce, distribute, disseminate or otherwise use this transmission, rather, please promptly notify the sender by reply e-mail, and then destroy all copies of the message and its attachments, if any.
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