[WSBAPT] No Trust Document

[Roger Hawkes]

Bear in mind that the original is client property and needs to be safeguarded and accounted for as such.

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Philip N. Jones
Sent: Tuesday, September 13, 2022 2:00 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] No Trust Document

I do not have a solution to your problem, but I do have some related comments.
I have always been an advocate for the firm keeping original wills and trusts, not to generate business, but as a service to the client.  It is very comforting when a client calls and says his Mom died, to say that I have her original documents in my office.
Not everyone agrees with me.  People in smaller firms worry (rightly so) about what happens when attorneys die or retire.  People in medium or large firms have an easier time.
But at an absolute minimum, the attorney should retain a copy of all signed documents, either in hard copy or in scanned electronic copy.  It is the very least you can do.  Anything less is negligent.  Sorry to be so blunt, but this is a service industry.
Phil Jones

Philip N. Jones
Duffy Kekel LLP
900 S.W. Fifth Ave. Suite 2500
Portland, OR 97204
pjones at duffykekel.com<mailto:pjones at duffykekel.com>
(503) 226-1371 - office
(503) 853-1482 - cell
(503) 226-3574 - fax

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 Jeff at bellanddavispllc.com<mailto:Jeff at bellanddavispllc.com>
Sent: Tuesday, September 13, 2022 1:13 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com<mailto: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>
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