[WSBAPT] No Trust Document

[Philip N. Jones]

I looked at the RPC.  My firm seems to be in full compliance with that rule.  The duty to annually account applies only to funds.
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 <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of steve at aitalaw.com
Sent: Tuesday, September 13, 2022 3:03 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] No Trust Document

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.

---------
This e-mail is covered by the U.S. Electronic Communications Privacy Act, 18 U.S.C. 2510-2521. This e-mail was sent by an attorney or his agent, is intended only for the addressee's use, and may contain confidential information and/or information protected by the attorney-client privilege. If you are not the intended recipient, nor the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination or copying of this transmission (including any attachments) is strictly prohibited. If you have received this e-mail in error, please delete it and immediately notify the sender by reply e-mail. Thank you.

P. Stephen Aita
Attorney at Law
Admitted in Washington & Idaho

3010 Harborview Dr., Suite 301
Gig Harbor, WA  98335-1977
Tel.: (253) 858-5434
Fax: (253) 276-2373

steve at aitalaw.com<https://nam11.safelinks.protection.outlook.com/?url=http%3A%2F%2Fsteve%40aitalaw.com%2F&data=05%7C01%7Cpjones%40duffykekel.com%7C841cf048b8194340e02208da95d40fd6%7C2d66ed5354fa4c2f8c4dbff1aca5479d%7C0%7C0%7C637987035418403434%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000%7C%7C%7C&sdata=mYuherlpzbuLjZtTYXay%2FyglZOWvRj3FM2QCQ8JBoIU%3D&reserved=0>
www.aitalaw.com<https://nam11.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.aitalaw.com%2F&data=05%7C01%7Cpjones%40duffykekel.com%7C841cf048b8194340e02208da95d40fd6%7C2d66ed5354fa4c2f8c4dbff1aca5479d%7C0%7C0%7C637987035418403434%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000%7C%7C%7C&sdata=JIx64nAx5xVEGdDIfzxTv5l0wHUwD3jbQJa9WK1RfF0%3D&reserved=0>
www.facebook.com/aitalaw<https://nam11.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.facebook.com%2Faitalaw&data=05%7C01%7Cpjones%40duffykekel.com%7C841cf048b8194340e02208da95d40fd6%7C2d66ed5354fa4c2f8c4dbff1aca5479d%7C0%7C0%7C637987035418403434%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000%7C%7C%7C&sdata=Op%2FW2NXJkMeFuRfzj2DgijeApXEWAvrREDEHf1feHVc%3D&reserved=0>

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 Roger Hawkes
Sent: Tuesday, September 13, 2022 2:57 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto: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>
www.bellanddavispllc.com<https://nam11.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.bellanddavispllc.com%2F&data=05%7C01%7Cpjones%40duffykekel.com%7C841cf048b8194340e02208da95d40fd6%7C2d66ed5354fa4c2f8c4dbff1aca5479d%7C0%7C0%7C637987035418403434%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000%7C%7C%7C&sdata=1oVLc2tlDh8QJEMSn1ZmjbGz3WTlfzwpZ7FlP4hBEew%3D&reserved=0>

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.


-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20220913/c6347de7/attachment.html>