[WSBAPT] WAC 458-61A-202(6)(e)

[jbdolan at jbdolan.com]

David:

FWIW, when I submit a trust certification, I do include excerpts of the relevant portions of the trust, especially powers/authority of the trustee, but I have never included sections related to beneficiaries or distributions.

See 11.98.075, below.

Jim Dolan

=========================

 

Jones Butler Dolan, PS

P.O. Box 458

10027 SR 532

Stanwood, WA 98292

(tel) 360-336-2939

(fax) 360-336-2949

 

 

 

 

RCW  <http://app.leg.wa.gov/RCW/default.aspx?cite=11.98.075> 11.98.075

Certification of trust.

(1) Instead of furnishing a copy of the trust instrument to a person other than a beneficiary, the trustee may furnish to the person a certification of trust containing the following information:

(a) That the trust exists and the date the trust instrument was executed;

(b) The identity of the trustor;

(c) The identity and address of the currently acting trustee;

(d) Relevant powers of the trustee;

(e) The revocability or irrevocability of the trust and the identity of any person holding a power to revoke the trust;

(f) The authority of cotrustees to sign or otherwise authenticate and whether all or less than all are required in order to exercise powers of the trustee; and

(g) The name of the trust or the titling of the trust property.

(2) A certification of trust may be signed or otherwise authenticated by any trustee or by an attorney for the trust.

(3) A certification of trust must state that the trust has not been revoked, modified, or amended in any manner that would cause the representations contained in the certification of trust to be incorrect.

(4) A certification of trust need not contain the dispositive terms of a trust.

(5) A recipient of a certification of trust may require the trustee to furnish copies of those excerpts from the original trust instrument and later amendments which designate the trustee and confer upon the trustee the power to act in the pending transaction or any other reasonable information.

(6) A person who acts in reliance upon a certification of trust without knowledge that the representations contained therein are incorrect is not liable to any person for so acting and may assume without inquiry the existence of the facts contained in the certification. Knowledge of the terms of the trust may not be inferred solely from the fact that a copy of all or part of the trust instrument is held by the person relying upon the certification.

(7) A person who in good faith enters into a transaction in reliance upon a certification of trust may enforce the transaction against the trust property as if the representations contained in the certification were correct.

(8) A person making a demand for the trust instrument in addition to a certification of trust or excerpts is liable for damages, including reasonable attorney fees, if the court determines that the person did not act in good faith in demanding the trust instrument.

(9) This section does not limit the right of a person to obtain a copy of the trust instrument in a judicial proceeding concerning the trust.

 

 

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of David Faber
Sent: Friday, August 9, 2024 10:31 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] WAC 458-61A-202(6)(e)

 

I just attempted to record a deed conveying title out of a trust following the death of the grantor and used a Certification of Trust under RCW 11.98.075 as the "copy of that portion of the trust instrument showing the authority of the grantor". The County just kicked back the deed saying that a Certification of Trust is insufficient. I've been recording deeds transferring titles out of trusts as inheritance for 10 years and have never had them demand the actual pages of the trust instrument. Has anyone else encountered this problem before? Would I need to record the first page, the page appointing the trustee, the page describing the trustee's powers, the page including the beneficiaries, and the signature and notary pages of the trust? That seems extreme...

Best,

David J. Faber

Faber Feinson PLLC

800 Polk Street, Suite B

Port Townsend, WA 98368
(360) 379-4110

 

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