[WSBAPT] Trust Protector

Christopher Neil chris.neil at neillaw.com
Mon Oct 23 11:06:05 PDT 2023


Some legislative history (2015) might be helpful since we still need caselaw on RCW 11.98b.  See below.

It is unclear if the other states (17) that have passed the Uniform Directed Trust Act  <https://www.uniformlaws.org/committees/community-home?CommunityKey=ca4d8a5a-55d7-4c43-b494-5f8858885dd8>have kept it uniform.  Compared with the Uniform Guardianship Act (recently passed in Washington), which was extensively customized to Washington only.  

https://lawfilesext.leg.wa.gov/biennium/2015-16/Pdf/Bill%20Reports/Senate/5302%20SBR%20FBR%2015.pdf?q=20231023104650
5302 SBR FBR 15
PDF Document · 86 KB


> On Oct 23, 2023, at 10:28 AM, Karen E. Boxx <kboxx at uw.edu> wrote:
> 
> See RCW 11.98b.  
> 
> Professor Karen E. Boxx
> University of Washington School of Law
> Box 353020
> Seattle, WA 98195-3020
> 206.616.3856
> Sent from my iPad
> 
>> On Oct 23, 2023, at 10:00 AM, jbdolan at jbdolan.com <mailto:jbdolan at jbdolan.com> wrote:
>> 
>> 
>> Colleagues:
>>  
>> Curious to learn what authority a trust protector has.  The trust in question does not set out any specific authority, it just states “John Doe is trust protector.”  I’m not finding any specific authority in RCW 11.  The trust protector in question is being a pain, making demands for info, etc.  The trustee is doing everything she is supposed to do and is not worried about disclosing information, but the requests are beginning to become burdensome and appear to be more harassment than requests for legitimate info.
>>  
>> Anyone dealt with this before?
>>  
>> Jim Dolan
>>  
>> =========================
>>  
>> Jones Butler Dolan, PS
>> P.O. Box 458
>> 10027 SR 532
>> Stanwood, WA 98292
>> (tel) 360-336-2939
>> (fax) 360-336-2949
>>  
>>  
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