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

Thu Jun 2 18:51:40 PDT 2022

I agree that Successor Trustees of revocable trusts administering them following the death of the Grantors should be exempt for the same reason as PRs – they lack the knowledge the owner had while alive.

John J. Sullivan

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Roy D. Pyatt
Sent: Thursday, June 2, 2022 11:17 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

I’ve always taken the same position as Eric on this and required trustees to provide the disclosure. It would be nice to see the legislature amend the statute so that successor trustees filling the equivalent position of PR get exempted.

Roy D. Pyatt | Attorney at Law 

805 Broadway Street, Suite 1000 
P.O. Box 1086 
Vancouver, WA 98666-1086 
T: 360-696-3312 | T: 503-283-3393 | F: 360-816-2541 
www.landerholm.com <http://www.landerholm.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 Eric Nelsen
Sent: Thursday, June 2, 2022 10:42 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com <mailto:wsbarp at lists.wsbarppt.com> >
Subject: Re: [WSBARP] Is trustee administering trust after grantor's death exempt from real property disclosure statement

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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

 <mailto:eric at sayrelawoffices.com> eric at sayrelawoffices.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 Kate Love
Sent: Thursday, June 2, 2022 10:18 AM
To: WSBARP at lists.wsbarppt.com <mailto: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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