[WSBAPT] No Trust Document

Tue Sep 13 15:02:55 PDT 2022

I was about to say something along similar lines - RPC 1.15A makes me not
want to hold original client documents here and we stopped doing it a long
time ago. Too much hassle. I do always put a memo in the file, just
confirming that the clients took the originals with them and that the
documents in my file are just copies.

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com>
On Behalf Of Roger Hawkes
Sent: Tuesday, September 13, 2022 2:57 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] No Trust Document

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
<mailto:wsbapt-bounces at lists.wsbarppt.com>
<wsbapt-bounces at lists.wsbarppt.com
<mailto: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
<mailto: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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