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

Fri Jun 3 07:15:35 PDT 2022

Personal knowledge has nothing to do with the right to an exemption from 
Form 17 and there is a "don't know" answer still (despite the 
mis-directed efforts of a state Legislator).  I was the trustee on a 
sale of a house and had a lot of personal knowledge since I saw my 
father build it and lived in it for a time.  Given my mother's failing 
memory I probably had better knowledge of the house than she did in her 
later years.

Banks typically have no personal knowledge and are not exempt. Only PR's 
and bankruptcy trustees are exempt.

But to the OP's question--a lot of real estate brokers do not understand 
the exemption, so it's quite common to see an improper exemption 
claimed.  That probably benefits the buyer where the trustee in fact has 
little or no knowledge, because it gives them an out before closing.

Kary L. Krismer
206 723-2148

On 6/2/2022 6:51 PM, John J. Sullivan, Esq. wrote:
>
> 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 
> <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>
> *Subject:* Re: [WSBARP] Is trustee administering trust after grantor's 
> death exempt from real property disclosure statement
>
> *CAUTION:**This email originated from outside of the organization. 
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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
>
> eric at sayrelawoffices.com <mailto:eric at sayrelawoffices.com>
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> *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
>
> www.hawkeslawcenter.com <http://www.hawkeslawcenter.com/>
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> ------------------------------------------------------------------------
>
> *From:*wsbarp-bounces at lists.wsbarppt.com 
> <wsbarp-bounces at lists.wsbarppt.com> on behalf of Jon Fritzler 
> <FritzlerLaw at outlook.com>
> *Sent:* Wednesday, June 1, 2022 1:55 PM
> *To:* WSBARP at lists.wsbarppt.com <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. 22^nd St.
> Vancouver, WA 98663
> Tel. 360.818.4431
> Eml fritzlerlaw at outlook.com
>
>
>
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