[WSBAPT] No Trust Document

[Nick Pleasants]

Jeff,
You might call the title company that issued the existing policy. You can usually find their reference number on the statutory warranty deed from when H&W bought the property (not the deed transferring it to a non-existent trust). If title company will insure on the wife reversing the transfer to trust, then just have wife do a quit claim deed out of the trust, and see if she can buy an updated owner's policy/endorsement from title company that she is the fee simple owner.
Otherwise, my thought is quiet title action... fun!
Best,
Nick
Nicholas Pleasants | Shareholder

[OseranHahnAttyatLaw 8]

11225 SE 6th Street | Suite 100 | Bellevue, WA 98004
Main: (425) 455-3900 | Fax: (425) 455-9201 | E-mail: npleasants at ohswlaw.com<mailto:npleasants at ohswlaw.com>

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Jeff at bellanddavispllc.com
Sent: Tuesday, September 13, 2022 1:13 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] No Trust Document

Listmates:

Way back, well before the turn of the century, when I started practicing law, the firm I joined had a large file cabinet full of original Wills/Trusts.  It seemed like a nice way to generate work as the clients passed on the firm naturally got to probate or administered the estate.  However, we also discovered attorney's pass on and the firm ended up needing to disburse the original documents.  So we got away from that practice of keeping the originals, and instead, trusted their safe keeping to the clients.

Well, for the third or fourth time this year, a client cannot find the original document, in this case, a living trust.  Client has no copy of the trust agreement (even an unsigned copy) or even a trust certificate, nothing.  (the lawyer who created it is long dead).  The house is in trust.   Client is the surviving spouse.  There are children, some of which the client wants to disinherit.

What should be done?  Will a title company insure the transfer of the house out of trust to the survivor?  Do I just make up a new trust documents calling it a restatement.  I am not sure if TEDRA is the way to go.

Your thoughts.

Jeff Davis



W. Jeff Davis
BELL & DAVIS PLLC
Attorneys at Law
P.O. Box 510
720 E. Washington Street, Suite 105
Sequim WA 98382
Phone: (360) 683.1129
Fax: (360) 683.1258
email: jeff at bellanddavispllc.com<mailto:jeff at bellanddavispllc.com>
www.bellanddavispllc.com<http://www.bellanddavispllc.com/>

The information contained in this e-mail message may be privileged, confidential, and protected from disclosure. If you are not the intended recipient, any dissemination, distribution, or copying is strictly prohibited. If you think that you have received this e-mail message in error, please e-mail the sender at info at bellanddavispllc.com<mailto:info at bellanddavispllc.com>  or call 360.683.1129.


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