[WSBARP] Is trustee administering trust after grantor's death exempt from real property disclosure statement

[michael westseattleattorney.com]

My thought is that a Trustee of RLT is no different that a PR in an estate setting. The decedent had full ownership as Trustor just as they would if there was no Trust. The Trustee is in the same position as the personal representative as neither has the ownership type of material knowledge to insert in the For 17. So the Trustee should likewise be exempt. Without having a statute or a court decision, perhaps the Trustee can write up an attachment to a form 17 explaining the above and say that the Trustee has no knowledge and can not make any warranties for he same and insert a waiver for buyer to sign.

[cid:76ecda35-0e6c-46fb-99b1-49cb726d80ce]
________________________________
From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> on behalf of Eric Nelsen <eric at sayrelawoffices.com>
Sent: Thursday, June 2, 2022 10:42 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Is trustee administering trust after grantor's death exempt from real property disclosure statement


My position has been that the statute does not exempt Trustees from the property condition disclosure, the way it does the PR of an Estate. I can’t think of any case holding one way or the other, though.



Sincerely,



Eric



Eric C. Nelsen

Sayre Law Offices, PLLC

1417 31st Ave South

Seattle WA 98144-3909

206-625-0092

eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>



Covid-19 Update - All attorneys are working remotely during regular business hours and are available via email and by phone. Videoconferencing also is available. Signing of estate planning documents can be completed and will be handled on a case-by-case basis. Please direct mail and deliveries to the Seattle office.



From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Kate Love
Sent: Thursday, June 2, 2022 10:18 AM
To: WSBARP at lists.wsbarppt.com
Subject: Re: [WSBARP] Is trustee administering trust after grantor's death exempt from real property disclosure statement



'Morning 😇  please respond to list please, I'd like to know the answer as well -  Kate



Kate F. Love

WSBA No. 51314





Hawkes Law Firm P.S.

main line 206 367 5000
fax line    206 367 4005
katel at law-hawks.com<mailto:katel at law-hawks.com>

www.hawkeslawcenter.com<http://www.hawkeslawcenter.com/>



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________________________________

From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com>> on behalf of Jon Fritzler <FritzlerLaw at outlook.com<mailto:FritzlerLaw at outlook.com>>
Sent: Wednesday, June 1, 2022 1:55 PM
To: WSBARP at lists.wsbarppt.com<mailto:WSBARP at lists.wsbarppt.com> <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: [WSBARP] Is trustee administering trust after grantor's death exempt from real property disclosure statement



Client is trustee of decedent’s revocable living trust and is selling the decedent’s houses.  On the listing documents the Realtor checked the EXEMPT box next to SELLER DISCLOSURE.  RCW 64.06.010(6) provides that a personal representative of the estate of the decedent or a trustee in bankruptcy do not have to complete the seller disclosure statement that is otherwise required but I don’t see an exemption for any other type of trustee.  Am I missing something?



Sincerely,
Jon M. Fritzler
Attorney at Law
717 E. 22nd St.
Vancouver, WA 98663
Tel. 360.818.4431
Eml fritzlerlaw at outlook.com<mailto:fritzlerlaw at outlook.com>


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