[WSBAPT] TEDRA for Dissolution of Trust

Sun May 8 07:03:29 PDT 2022

I was able to transfer assets held in trust to an estate recently when no trust documents were found, only asset was property/home deed into trust.
Please email me directly and I will provide you with what happened in my estate/trust.  I was able to accomplish ex parte via the clerk with declaration and the two heirs were in agreement that they had no trust documents and that they knew of no other assets in the trust.  Not sure if this will fit your case but I am willing to share since this was another “out of the box” workarounds.  I am amazed that every day, I learn something new.

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/>
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of David Faber
Sent: Thursday, May 5, 2022 10:52 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] TEDRA for Dissolution of Trust

(C)lient has power of attorney for (M)other. M and C's deceased (F)ather created a revocable living trust decades ago. C cannot find any documentation of the trust, nor do we have any idea which attorney created the trust. Instead, all we know is that the trust holds title to mineral rights in Texas. In speaking with a Texas attorney, it became clear that our only option is likely to bring action here in Washington State to have the old trust dissolved and directing disposition of the trust assets to M under the theory that, to the best of our knowledge, the trust was revocable following F's death, all property of the trust was community property, and we have no other means of determining whether other interested parties exist. C's siblings would join in the action.

I have yet to bring any action to dissolve a trust for which no documentation can be found, but my presumption is that our easiest means would be to file an agreed TEDRA action under F's estate making the above allegations and having all of F's living issue and C as M's POA sign, then having the Court enter an order finding that the trust is dissolved and title conveyed to M. I want to double-check my thought process before pouring effort into this course of action, though. Any thoughts are helpful. Thank you!

Best,
David J. Faber
Faber Feinson PLLC
800 Polk Street, Suite B
Port Townsend, WA 98368
(360) 379-4110

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