[WSBAPT] No Trust Document

Thu Sep 15 09:37:33 PDT 2022

I’d file and send everyone I can think of notice of its filling. Mercy. Sorry for that one. Best, Josh

Joshua D. McKarcher
McKarcher Law PLLC
537 6th Street
Clarkston, WA 99403
(509) 758-3345
(509) 758-3314 (fax)
josh at mckarcherlaw.com
www.mckarcherlaw.com<http://www.mckarcherlaw.com>
________________________________
From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> on behalf of Diane J. Kiepe <DJKiepe at depdslaw.com>
Sent: Thursday, September 15, 2022 9:16:27 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] No Trust Document

Phil,

Our office (6 attorneys) also offer to keep originals and 99% of the people take us up on that.  More recently, we also have started keeping scanned copies in addition.  This has never been an issue…..until now – my question and request for advice is below.

I am  not original attorney; original attorney was in our office for a very short time and left taking files with him/her where people requested.  Went off the grid.  Someone died, they naturally call our office.  For some reason, after not being able to contact attorney for a significant amount of time, I decide to try old e-mail and it indicates all files  have been turned over to attorney 2.  I call attorney 2 and get the file (with original Will and CP agreement) client’s child, PR never calls back and I get busy.  Now, months later I realize I may have an obligation to file the Will. I am going to try to locate the PR but in the meantime who votes file the Will asap?

Diane J. Kiepe

Diane J. Kiepe

Douglas Eden

717 W. Sprague Ave.

Suite 1500

Spokane, WA  99201

djkiepe at depdslaw.com<mailto:djkiepe at depdslaw.com>

509-455-5300

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>
www.bellanddavispllc.com<https://nam11.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.bellanddavispllc.com%2F&data=05%7C01%7Cpjones%40duffykekel.com%7Cf7e886fe9e634bbfc2f308da95c4e133%7C2d66ed5354fa4c2f8c4dbff1aca5479d%7C0%7C0%7C637986970078644699%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000%7C%7C%7C&sdata=TsZA05SyINf0meLZbXmqB6eAc4k6X86L%2FvEu7NlGiRQ%3D&reserved=0>

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