[WSBAPT] Referral Requested: Trust needed to hold proceeds during divorce
Andrekita Silva
ak at seattle-silvalaw.com
Fri Jun 3 23:50:56 PDT 2022
Law Office of
F.ANDREKITA SILVA
_______________________________________________________
June 3, 2022
I’m not sure what is meant by “establishing a trust.” But, I don’t
think it’s reasonable to require that the parties “establish a trust”
to hold potential funds before a home is even listed.
Ordinarily, parties sell the home and when there are actually
proceeds, then the parties most commonly 1) deposit the funds into a
trust account established for the benefit of the parties (which can be
opened by one of the lawyers), or 2) if there is already a known
distribution or the determination is very close, the funds are held by
the escrow company involved in the real estate transaction. The escrow
company follows the written instructions of the parties. In the
latter case, I don’t think escrow has an obligation to put the funds
in an interest bearing account.
If the parties don’t mind incurring the cost to retain a neutral third
party to act as an escrow and to disburse the funds according to the
parties’ mutual written instructions or order of the court, they can
do that.
If the divorce action has already been filed, the court won’t order
that the house be sold prior to a final determination on property
issues unless there is an actual need (like they can’t afford to make
the mortgage payments and selling is the only way to preserve the
asset.) If there is a written agreement to sell, they can enter into
a stipulation approved by the court in the form of an agreed order that
1) once the house sells and there are proceeds, that
2) a trust account must be established for the benefit of the parties
to hold the proceeds until distribution ordered by the court order
mutual agreement of the parties.
3) it should say who shall be responsible for establishing the
account (should be one party’s counsel – let the difficult party have
their own lawyer do it) and
4) require that monthly statements be provided to the party whose
lawyer doesn’t control the trust account.
If the parties have no lawyer, they can enter into a stipulation and
agreed order for a blocked account in the name of both parties which
instructs the back to make no disbursals absent mutual written
instructions by the parties or order of the court.
This way, difficult spouse will have the assurance that there is a
procedure in place without requiring the establishment of an account
before there is even anything to put in it.
andrekita
Law Office of F. Andrekita Silva
1325 Fourth Avenue, Suite 2000
Seattle, Washington 98101
206-224-8288
www.seattle-silvalaw.com
Quoting Jensen Mauseth <jmauseth at mausethlegal.com>:
> Brent,
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> Rather than have one of the attorneys who represents one of the
> parties hold the funds, the parties could engage a third-party to
> hold the money in escrow pending the outcome of the divorce. The
> escrow would require specific instructions on when and under what
> conditions to distribute the funds, and would likely only to agree
> to hold the funds for a specific time period (which could be a
> benefit in that it would put pressure on the parties to reach
> agreement). If there are any disputes about the disbursement, escrow
> simply interpleads the funds to the registry of the court and the
> parties can duke it out through the divorce and interpleader actions.
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> There are a few law firms in the area that do this kind of work.
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> Best regards,
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> Jensen
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> JENSEN MAUSETH
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> MAUSETH LEGAL, PLLC
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> _Bothell Office_
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> 22618 Bothell-Everett Hwy, Ste. D
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> Bothell, WA 98021
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> .mausethlegal.com/">www.mausethlegal.com[1]
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> .com">jmauseth at mausethlegal.com[2]
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> FROM: <wsbapt-bounces at lists.wsbarppt.com> on behalf of Paul
> Neumiller <pneumiller at hotmail.com>
> REPLY-TO: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> DATE: Friday, June 3, 2022 at 3:42 PM
> TO: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> SUBJECT: Re: [WSBAPT] Referral Requested: Trust needed to hold
> proceeds during divorce
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> Actually, I don’t know about up here but I know the CA Bar Assn
> strongly urges against doing this. So, everyone agrees NOW but what
> about later? As an attorney, I do not want to be put into a
> position where my client is screaming that the other party breached
> the agreement and demands that I immediately release the money to my
> client. Meanwhile, the other party is screaming that /my/ client
> breached the agreement and is demanding that I immediately release
> the money to the opposing party. Once again, I’m not sure about WA,
> but CA imposes fiduciary duties on an escrow holder to /both/
> parties. That is why I always decline to act as an escrow holder in
> a transaction where I represent one of the parties.
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> FROM: wsbapt-bounces at lists.wsbarppt.com
> <wsbapt-bounces at lists.wsbarppt.com> ON BEHALF OF Candace Wilkerson
> SENT: Friday, June 3, 2022 3:18 PM
> TO: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> SUBJECT: Re: [WSBAPT] Referral Requested: Trust needed to hold
> proceeds during divorce
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> Maybe others disagree, but I don’t think it’s an ethical
> violation as long as both parties agree to it. Interesting.
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> Candace
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> Top Ranked Law Firm for 2015 by Fortune Magazine and American Lawyer Media
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> Candace Wilkerson | Senior Associate | Wong Fleming
>
>
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>
> 10675 Willows Road NE, Suite 250 | Redmond, WA 98052
> Phone: 425.869.4040 | Fax: 425.869.4050
> cwilkerson at wongfleming.com
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> FROM: wsbapt-bounces at lists.wsbarppt.com[6]
> <wsbapt-bounces at lists.wsbarppt.com> ON BEHALF OF Brent Williams-Ruth
> SENT: Friday, June 3, 2022 6:02 PM
> TO: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> SUBJECT: Re: [WSBAPT] Referral Requested: Trust needed to hold
> proceeds during divorce
>
>
>
>
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> I had said the same thing and what I was told is that,
> allegedly, the/ ATTORNEY REPRESENTING SPOUSE A - CLAIMS THAT IT
> WOULD BE AN ETHICAL VIOLATION/ and thus, Spouse A has flatly refused
> to sign a listing agreement without a Trust being established.
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> There had been an agreement in principle since October
> 2021....and now Spouse B is worried about interest rates, inflation,
> etc that they will be getting even less because it is being drug out.
>
>
>
>
> BRENT WILLIAMS-RUTH (pronouns: he/him)
> /Attorney-At-Law/
>
>
>
> LAW OFFICES OF BRENT WILLIAMS-RUTH, A DIVISION OF BWR
> CONSULTING, PLLC
>
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> PHYSICAL ADDRESS: 500 S 336TH STREET, SUITE 214; FEDERAL
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> On Fri, Jun 3, 2022 at 2:58 PM Candace Wilkerson
> <cwilkerson at wongfleming.com> wrote:
>
>
>
>> Brent, why can’t one of the parties’ attorneys hold the proceeds in
>> the IOLTA account until the decree is entered? I’ve done that for
>> feuding clients before in a partition case.
>>
>>
>>
>>
>>
>>
>>
>> Candace Wilkerson
>>
>>
>>
>>
>>
>>
>>
>> /*CANDACE IS AVAILABLE TO RESPOND TO EMAILS AND PHONE CALLS
>> BETWEEN THE HOURS OF 7:00 A.M. AND 3:00 P.M. IF YOU HAVE AN URGENT
>> MATTER OUTSIDE THAT TIME PERIOD, PLEASE CALL OUR OFFICE AT THE
>> NUMBER BELOW./
>>
>>
>>
>>
>>
>>
>>
>>
>>
>> Top Ranked Law Firm for 2015 by Fortune Magazine and
>> American Lawyer Media
>>
>>
>>
>> Candace Wilkerson | Senior Associate | Wong Fleming
>>
>>
>>
>>
>>
>> 10675 Willows Road NE, Suite 250 | Redmond, WA 98052
>> Phone: 425.869.4040 | Fax: 425.869.4050
>> cwilkerson at wongfleming.com
>>
>>
>>
>>
>>
>> Please leave us a review on Google by clicking here[10].
>>
>>
>>
>> Please leave us a review on Yelp by clicking here.[11]
>>
>>
>>
>>
>>
>>
>>
>>
>>
>>
>>
>> Before proceeding, please note: If you are not a current
>> client of Wong Fleming, please do not include any information in
>> this e-mail that you or someone else considers to be of a
>> confidential or secret nature. Wong Fleming has no duty to keep
>> confidential any of the information you provide. Neither the
>> transmission nor receipt of your information is considered a
>> request for legal advice, securing legal services or retaining a
>> lawyer. An attorney-client relationship with Wong Fleming or any
>> lawyer at Wong Fleming is not established until and unless Wong
>> Fleming agrees to such a relationship as reflected in a separate
>> writing.
>>
>> IRS Circular 230 disclosure: To ensure compliance with requirements
>> imposed by the IRS, we inform you that any U.S. federal tax advice
>> contained in this communication (including any attachments) is not
>> intended or written to be used, and cannot be used, for the purpose
>> of (a) avoiding penalties under the Internal Revenue Code or (b)
>> promoting, marketing or recommending to another party any
>> transaction or matter addressed herein.
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>>
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>> THIS ELECTRONIC MAIL TRANSMISSION AND ANY ATTACHMENTS MAY
>> CONTAIN PRIVILEGED, CONFIDENTIAL, OR PROPRIETARY INFORMATION
>> INTENDED ONLY FOR THE PERSON(S) NAMED. IF THE READER OF THIS
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>> REPRESENTATIVE OF THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED
>> THAT ANY DISTRIBUTION, COPYING, OR DISCLOSURE OF THIS COMMUNICATION
>> IS STRICTLY PROHIBITED
>>
>>
>>
>>
>>
>>
>>
>> /*Candace is available to respond to emails and phone calls
>> between the hours of 7:00 a.m. and 3:00 p.m. If you have an urgent
>> matter outside that time period, please call our office at the
>> number below./
>>
>>
>>
>>
>>
>>
>>
>>
>>
>> Top Ranked Law Firm for 2015 by Fortune Magazine and
>> American Lawyer Media
>>
>>
>>
>> Candace Wilkerson | Senior Associate | Wong Fleming
>>
>>
>>
>>
>>
>> 10675 Willows Road NE, Suite 250 | Redmond, WA 98052
>> Phone: 425.869.4040 | Fax: 425.869.4050
>> cwilkerson at wongfleming.com
>>
>>
>>
>>
>>
>> Please leave us a review on Google by clicking here[10].
>>
>>
>>
>> Please leave us a review on Yelp by clicking here.[11]
>>
>>
>>
>>
>>
>>
>>
>>
>>
>>
>>
>> Before proceeding, please note: If you are not a current
>> client of Wong Fleming, please do not include any information in
>> this e-mail that you or someone else considers to be of a
>> confidential or secret nature. Wong Fleming has no duty to keep
>> confidential any of the information you provide. Neither the
>> transmission nor receipt of your information is considered a
>> request for legal advice, securing legal services or retaining a
>> lawyer. An attorney-client relationship with Wong Fleming or any
>> lawyer at Wong Fleming is not established until and unless Wong
>> Fleming agrees to such a relationship as reflected in a separate
>> writing.
>>
>> IRS Circular 230 disclosure: To ensure compliance with requirements
>> imposed by the IRS, we inform you that any U.S. federal tax advice
>> contained in this communication (including any attachments) is not
>> intended or written to be used, and cannot be used, for the purpose
>> of (a) avoiding penalties under the Internal Revenue Code or (b)
>> promoting, marketing or recommending to another party any
>> transaction or matter addressed herein.
>>
>>
>>
>> THIS ELECTRONIC MAIL TRANSMISSION AND ANY ATTACHMENTS MAY
>> CONTAIN PRIVILEGED, CONFIDENTIAL, OR PROPRIETARY INFORMATION
>> INTENDED ONLY FOR THE PERSON(S) NAMED. IF THE READER OF THIS
>> MESSAGE IS NOT THE INTENDED RECIPIENT OR THE AUTHORIZED
>> REPRESENTATIVE OF THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED
>> THAT ANY DISTRIBUTION, COPYING, OR DISCLOSURE OF THIS COMMUNICATION
>> IS STRICTLY PROHIBITED
>>
>>
>>
>>
>>
>>
>>
>> FROM: wsbapt-bounces at lists.wsbarppt.com
>> <wsbapt-bounces at lists.wsbarppt.com> ON BEHALF OF Brent Williams-Ruth
>> SENT: Friday, June 3, 2022 4:19 PM
>> TO: WSBA Probate & Trust Listserv <WSBAPT at lists.wsbarppt.com>
>> SUBJECT: [WSBAPT] Referral Requested: Trust needed to hold proceeds
>> during divorce
>>
>>
>>
>>
>>
>>
>>
>> Greetings Listmates -
>>
>>
>>
>>
>>
>>
>>
>>
>>
>> I have a PC who is in a contentious divorce where Spouse A
>> is attempting to "bankrupt" Spouse B by drawing things out. New
>> demand - will not agree to sell real property until a "trust" has
>> been established that will hold the proceeds until the final decree.
>>
>>
>>
>>
>>
>>
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>>
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>> The PC is Spouse B - they will have limited ability to pay
>> up front due to the current situation.
>>
>>
>>
>>
>>
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>>
>>
>> Looking for someone in the Pierce County/King County area.
>> All referrals will be passed along on Monday of next week (June 6)
>>
>>
>>
>>
>> BRENT WILLIAMS-RUTH (pronouns: he/him)
>> /Attorney-At-Law/
>>
>>
>>
>> LAW OFFICES OF BRENT WILLIAMS-RUTH, A DIVISION OF BWR
>> CONSULTING, PLLC
>>
>>
>>
>> PHYSICAL ADDRESS: 500 S 336TH STREET, SUITE 214;
>> FEDERAL WAY, WA 98003
>>
>>
>>
>> **EFFECTIVE IMMEDIATELY** ALL MAIL SENT THROUGH THE
>> USPS SHOULD BE SENT TO THE FOLLOWING ADDRESS: PO BOX 3319; FEDERAL
>> WAY, WA 98063
>>
>>
>>
>> Office/Scheduling Phone: (253) 285-7751
>>
>>
>>
>> Direct: (253) 285-7453
>>
>>
>>
>> e-mail[7] / website[8] / facebook[9] /
>>
>>
>>
>> ***Disclaimer: Please note that RPPT listserv participation is
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>>
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https://nam12.safelinks.protection.outlook.com/?url=https%3A%2F%2Furl.emailprotection.link%2F%3FbXsmgPF8nzl9Ux18yStt0Xh4ObBoz890HCJFP3sQo9AQuzt65pQJRV1XA20CXk_f6hVc6TpaCNLj2QtykqRseskOnwbBWc_nKcI1ot22y7vrrdjvVmiZ-1etF-J4JHRzo&data=05%7C01%7C%7C6dd76cc5b5ca4a0a36b308da45af7f5a%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C637898917365696077%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=JrIpEbXv%2FsSjNbf%2F%2FFgOfFHAQ%2BEmRqyemRxxT7Bp%2Fa0%3D&reserved=0
[9]
https://nam12.safelinks.protection.outlook.com/?url=https%3A%2F%2Furl.emailprotection.link%2F%3FbtlGrbuiMcSRUy-9lFiXOlqihuXBqLW2wAazZyLQhrcN5kzLR_2GrzifSLyCV1xpYwoAGnQDYKS7PXBZ_N3NN_A~~&data=05%7C01%7C%7C6dd76cc5b5ca4a0a36b308da45af7f5a%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C637898917365696077%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=P6C8OaGcvsGU3ZVGZaaC9sJVX5W67JOvLN7RNPT4SdI%3D&reserved=0
[10]
https://nam12.safelinks.protection.outlook.com/?url=https%3A%2F%2Furl.emailprotection.link%2F%3Fbaf6tmSi8Q8A-qOCy4k25ZuFLhyHmMqwv-ELJRzJQ8gLVba3Z8jeHPxTxt1xwmdZE0fzKG0emLLsVhvuioUkWXFFmZMBYpRkCCwhyokvdYO-jWTh9kzkBvQSBmJupzXQjtHZTRFeiP6joKiaQjCxwdi_jpyOlBHYGai1Tf4iw_H5tTpxEcwPykTkJ7Uk8HSCYuUsQbJFazUdD3emwQnk1QQ~~&data=05%7C01%7C%7C6dd76cc5b5ca4a0a36b308da45af7f5a%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C637898917365696077%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=Dau6iIyuV2w%2BMSXPf09h%2Bfm%2B7o%2FN4y3cEP6HkGSoqEc%3D&reserved=0
[11]
https://nam12.safelinks.protection.outlook.com/?url=https%3A%2F%2Furl.emailprotection.link%2F%3FbPLIs0SLoZ_mobljRyGQy47Yoe2hRKIfP5qOwHsAqftn6ukBiyuigk-ve5Wwa7IrqIMz2IGa1Y9raisrtcPkAGFdkg1PWdoCwYuoujYgAknnXny2U2lKd7z9eFGvsFtEf&data=05%7C01%7C%7C6dd76cc5b5ca4a0a36b308da45af7f5a%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C637898917365696077%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=tcRD1Otji%2BzdNkp8lwt%2BsJOcmogf3nDrlcSwycODvCs%3D&reserved=0
[12]
https://nam12.safelinks.protection.outlook.com/?url=https%3A%2F%2Furl.emailprotection.link%2F%3Fb8D4W6i94r_YouK_VQ7r946aNlX_FJtIJLZht57cUUhutlYDMABaPU2qCokRrKDfsNRrIQcNV352gYDJLRuqRg_ZN7hh1J4Ffi7iLiZ6uQHoJQmKPNN2CboOI314y9hp1&data=05%7C01%7C%7C6dd76cc5b5ca4a0a36b308da45af7f5a%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C637898917365696077%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=pUeI8muJ30ODZ99vlM8M3QwDY%2F1rPV21tJHpQiHTbmw%3D&reserved=0
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