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

Thu Aug 8 13:37:59 PDT 2024

Attached is the case.  

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:  <mailto:jeff at bellanddavispllc.com> jeff at bellanddavispllc.com
 <http://www.bellanddavispllc.com/> www.bellanddavispllc.com

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Sarah McCarthy
Sent: Thursday, August 8, 2024 12:48 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Children "lose" last amendment to parent's trust

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 <mailto:sarah at kawlawyers.com>  | www.kawlawyers.com <http://www.kawlawyers.com> 

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On Wed, Dec 7, 2022 at 2:42 PM <Jeff at bellanddavispllc.com <mailto: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:  <mailto:jeff at bellanddavispllc.com> jeff at bellanddavispllc.com
 <http://www.bellanddavispllc.com/> www.bellanddavispllc.com

The information contained in this e-mail message may be privileged, confidential, and protected from disclosure. If you are not the intended recipient, any dissemination, distribution, or copying is strictly prohibited. If you think that you have received this e-mail message in error, please e-mail the sender at  <mailto:info at bellanddavispllc.com> info at bellanddavispllc.com  or call 360.683.1129.

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