[WSBAPT] No Trust Document

[sdonahue at sdonahuelaw.com]

I believe that the statue requires anyone in possession of an original will
to file it within 30 days (?) or the decedent's death-or immediately upon
locating it.  You can file as "will only" and try to contact the PR or even
beneficiaries to let them know that you have the original will and have
filed it.

 

Just two cents.

 

Susan

 

SUSAN DONAHUE

Law Office of Susan Donahue

125 West 2nd Avenue, Suite "B"

P.O. Box 81

Twisp, WA 98856

(509) 996-5944 (phone)

(509) 362-9692 (fax)

 <mailto:sdonahue at sdonahuelaw.com> sdonahue at sdonahuelaw.com

 

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com>
On Behalf Of Diane J. Kiepe
Sent: Thursday, September 15, 2022 8:16 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
<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> 
 
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