[WSBAPT] Trustee Reports

[Jacob Menashe]

I am writing about something I have struggled with before, and maybe even queried about on this listserve. I am trying to better understand the squaring of 1) the Trustee Accounting Act (TAA), and particularly RCW 11.106.080, which says if you follow the TAA process and obtain a decree that decree is final, conclusive, and binding upon all parties, subject only to the right of appeal under RCW 11.106.090 with 2) RCW 11.96A.070(1)(b)(viii) which says a beneficiary has three years from proper notification to bring a breach of fiduciary duty against the trustee. Considering, too, Anderson v. Dussault, do folks understand this to mean that even if you give the right notice and obtain a decree under the TAA, the beneficiary still has three years to file a claim for breach of fiduciary duty? (For this question, I am assuming the beneficiary is competent.)

Sincerely,

Jacob

Jacob H. Menashe
Hickman Menashe, PS
4211 Alderwood Mall Blvd., Suite 204
Lynnwood, WA 98036
(425) 744-5658 phone
(425) 744-6078 fax
Satellite Office in Bellevue
www.hickmanmenashe.com

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