[WSBAPT] Children "lose" last amendment to parent's trust

[Sarah McCarthy]

Jeff or anyone,

Circling back to this old post from 2022 --  Jeff Davis stated  "I know the
case involving proving the terms of a trust where no trust document
exists."

Can anyone save me some time and send me the name of that case?

My facts involve a property titled in the name of a "family trust" (I
presume RLT) from long ago, both original trust grantors deceased several
decades ago, no one in the family has a copy of the trust, no one knows
what the trust called for or who the successor trustee was supposed to be,
if that person is even still alive, which seems unlikely.  Family have just
been paying property taxes all this time with no thought of clarifying
current ownership. Family reportedly amicable, fortunately, so a TEDRA
agreement hopefully possible.

Thanks,

Sarah


*Sarah O’Farrell McCarthy*


*(Pronouns: she / her)*Attorney, Partner | Kelly, Arndt & Walker, Attorneys
at Law, PLLP
P.O. Box 290 | 6443 Harding Avenue | Clinton, WA  98236

(Located on Whidbey Island, Island County, Washington)
Phone: (360) 341-1515 | Fax: (360) 341-3272
sarah at kawlawyers.com | www.kawlawyers.com


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On Wed, Dec 7, 2022 at 2:42 PM <Jeff at bellanddavispllc.com> wrote:

> Listmates:
>
>
>
> I know we can prove a lost Will, but can you prove a lost Trust?  I know
> the case involving proving the terms of a trust where no trust document
> exists.  The question is when you have copies of the signed documents, does
> the fact the original is missing mean the document is revoked?
>
>
>
> 6 months ago the Trustors’ amended their trust to  reduce the assets to be
> received by their children upon the last trustor death.  First Trustor died
> two weeks ago.  Children swoop in and go through all EP documents.  They
> provide all originals; the Trust and several amendments, but just not that
> last amendment; they claim it can’t be found.
>
>
>
> My position is the professional trustee, taking over, should treat the
> last amendment as enforceable.  However, have any of you had a different
> experience?
>
>
>
> 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
> www.bellanddavispllc.com
>
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