[WSBARP] Trust Administration - Conflict

[MK Henderson]

This question came up recently and I believe the answer was it was self
serving and a breach of the fiduciary duties.  You don't give the amount of
time that has passed but the Trust seems to specifically say the house to
be sold.  Son has a duty of loyalty to the beneficiaries and may not self
deal.

On Mon, Nov 24, 2014 at 1:35 PM, David Moe <davidmoe at maplevalleylaw.com>
wrote:

>  Please respond to list.
>
>
>
> *From:* wsbarp-bounces at lists.wsbarppt.com [mailto:
> wsbarp-bounces at lists.wsbarppt.com] * On Behalf Of *Ron Housh
> *Sent:* Monday, November 24, 2014 12:55 PM
> *To:* 'WSBA Real Property Listserv'
> *Subject:* Re: [WSBARP] Trust Administration - Conflict
>
>
>
> Trustee question.  Assume H & W die leaving family home in trust with
> direction to the successor trustee to sell the home.  Assume successor
> trustee is son who has 5 brothers and sisters.  Son is also an attorney.
>
>
>
> Trustee son has interviewed 4 real estate agents – but has not yet signed
> a Listing Agreement.  Trustee son then tells the other 5 brothers and
> sisters he hopes to be given a chance to buy the home.  Trustee son has not
> made an offer and has not indicated any definite plans as to if and when he
> would make an offer.
>
>
>
> In your view can trustee son continue to act as the trustee – at least
> with regard to the listing, marketing and sale of the house – in light of
> his stated desire to be given a chance to buy?
>
>
>
> Could trustee son continue to act if all 5 brothers and sisters agree in
> writing that is OK?
>
>
>
> What if only 4 of the brothers and sisters said OK, but one said “No – I
> am not comfortable with the trustee acting as the seller while telling us
> he may want to be a buyer”?
>
>
>
> Thanks for your thoughts.
>
>
>
> Ron
>
>
>
>
>
>
>
> *I AM TYPICALLY IN THE SEATTLE OFFICE ON TUESDAY AND THURSDAY AND IN THE
> MOUNT VERNON OFFICE ON MONDAY, WEDNESDAY AND FRIDAY *
>
>
>
> *Ronald G. Housh, P.S.*
>
> *Attorney at Law*
>
>
>
> *Seattle Office:*
>
> *1420 Fifth Avenue, Suite 3000*
>
> *Seattle, WA 98101-2393*
>
> *Phone:   206-381-1341 <206-381-1341>*
>
> *Fax:        206-464-0461 <206-464-0461>*
>
> *Email:    ron at housh.org <ron at housh.org>*
>
>
>
> *Mount Vernon Office:*
>
> *21411 Bluejay Place*
>
> *Mount Vernon, WA 98274*
>
> *Phone:  206-235-2459 <206-235-2459>*
>
> *Email:   ron at housh.org <ron at housh.org>*
>
>
>
>
>
>
>
>
>   ------------------------------
>
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-- 
Mary K. Henderson
Henderson Law Office PLLC
1123 Maple Ave SW, Suite 225
Renton, WA 98057
206-650-2472
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