[WSBAPT] Lost Trust - Incapacitated Trustor - House Sale

[Brent Williams-Ruth]

Greetings to both the RP and PT sides of the Section!

I was talking with some real estate professionals this morning and was
presented with a situation.

Here are the facts as I know them to be:
1) Trustor has Real Property titled into their Trust - believed that they
are presently single, unknown as to whether previously married or not.
2) Trustor is incapacitated
3) Trustor has a POA, but it appears as though POA does not give authority
to the AIF over any Trust assets
4) Trust is lost.
5) No one involved knows any Trust specifics such as who is the Successor
Trustee or named Beneficiaries.
6) Drafting attorney is retired and apparently lacks capacity and their
spouse has no idea where their files went. (Name of Attorney not provided
during this discussion)
7) Need to sell the House to afford care for incapacitated Trustor.

Is this a quiet title action? TEDRA? Every idea I have comes with a
corresponding argument as to why it would not work. Confess that I have
never encountered a situation where something was in Trust and the document
appears to be lost to the world.

Thank you!

*Brent Williams-Ruth* (pronouns: he/him)
*Attorney-At-Law*

*Law Offices of Brent Williams-Ruth, **a division of BWR Consulting, PLLC*

*Physical Address: 500 S 336th Street, Suite 214; Federal Way, WA 98003*

*Mailing Address: **PO BOX 3319; Federal Way, WA 98063 *

Office/Scheduling Phone: (253) 285-7751

For All Meetings & Scheduling: info at williams-ruthlaw.com

e-mail <Brent at Williams-RuthLaw.com> / website
<http://www.williams-ruthlaw.com/> / facebook
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