[WSBAPT] Missing Irrevocable Living Trust

[Lewis, Amy C.]

Ryan,

                We had a similar issue, although it involved a missing RLT.  We started by talking with a title company to see what they might be willing to accept.  It is likely that it will require a court order.  I would be happy to connect you with my colleagues who handled our matter.


Amy Lewis, Attorney
Pronouns she/her/hers
[cid:Logo_fa335a1d-9f24-4802-a3dd-b58f259e3c98.png]

909 A Street, Suite 600 | Tacoma, WA 98402
phone 253.572.4500 | fax 253.272.5732 | www.eisenhowerlaw.com<http://www.eisenhowerlaw.com/>
From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Ryan Castle
Sent: Thursday, April 3, 2025 8:57 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Missing Irrevocable Living Trust

All,

I am encountering a new issue. I represent a personal representative of a probate estate here in Whatcom. The deceased had a convoluted estate plan and finances that he kept largely hidden from his PR wife and children (fun times). We have been able to track down quite a bit of assets, a will, and an RLT. But the deceased placed a vacant parcel of land in CA into an irrevocable living trust. Based on the CA deed, the deed was likely prepared by a law firm up in Whatcom in 2011. The law firm no longer has the client's file, except a signed document showing that they gave the original estate planning documents to the deceased client. So, we are missing the irrevocable living trust document that owns the CA parcel (deceased was trustee). Because of this we do not know how to devise the CA parcel. Does anyone have any thoughts on how we can devise the CA parcel? Do we just deem the irrevocable living trust void and devise it according to the will and RLT we do have? Do we need a court order for that?

Thank you in advance for your help!

--

Ryan Castle (he/him)
Castle Law Firm, PLLC
Managing Attorney
T: 360-592-3504
1313 E. Maple St., Suite 790
Bellingham, WA 98225
https://ryancastlelawfirm.com/<https://ryancastlelawfirm.com/>



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