[WSBARP] Serving a trust

Bryce Dille Bryce at dillelaw.com
Fri Mar 25 10:48:49 PDT 2022


No they aren't even aware of it just need to know how to serve a trust where trustee is now dead and can't find successor trustee do you then name know beneficiaries?

Bryce H. Dille
Dille Law, PLLC
2010 Caton Way SW Ste. 101
Olympia, WA 98502
Office: 360-350-0270
Cell: 253-579-5561

[R_Alan_Swanson-WH-200]
** Please note that I use the dictation feature of my iPhone and that sometimes everything I say does not get properly translated**

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Business Entity Creation and Management, Business, Government and Tax Law, Real Estate and Land Use, Residential, Commercial and Condominium Development Real Estate and Commercial Transactions & Closings, Including Performing Services as IRS Section 1031 Exchange Facilitator Estate Planning, including Wills and Trusts, and Probate Administration Representation Homeowners/Condominium Association Real Estate Developments Real Property Foreclosures and Forfeitures.

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Joseph McIntosh
Sent: Friday, March 25, 2022 10:28 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Serving a trust

Are the known beneficiaries making a claim to the deed of trust?  If so, I think you have a justiciable controversy, and I would name the known beneficiaries as defendants and obtain jurisdiction over them through service.  The unknowns can be joined as unknown claimants, and you can get an order permitting publication of the summons on them.   You will have to show the court your diligence in investigating before obtaining an order permitting summons publication on unknowns.

From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Bryce Dille
Sent: Friday, March 25, 2022 10:19 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Cc: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: [WSBARP] Serving a trust

I have to quiet title to an outlawed deed of trust pursuant to RCW 7.28.300. The beneficiary of deed of trust is a testamentary trust that was established some 4 to 5 years before the deed of trust was executed which is some 14 years ago. I have established that the trustee who made the loan is dead and cannot find a replacement trustee although I contacted one of the trust beneficiaries ( a parent of the deceased who lives in Montana) and they also have no info on successor trustee and payments have stopped coming to them from the trust.  I can move to publish but do I have to name the beneficiaries I am aware of as parties or simply give them notice of the summons and complaint by regular and certified mail. Thanks for your input

Bryce H. Dille
Dille Law, PLLC
2010 Caton Way SW Ste. 101
Olympia, WA 98502
Office: 360-350-0270
Cell: 253-579-5561

[R_Alan_Swanson-WH-200]
** Please note that I use the dictation feature of my iPhone and that sometimes everything I say does not get properly translated**

This transmission contains confidential attorney-client communications and may not be disclosed to any person but the intended recipient(s).  If this matter is transmitted to you in error, please notify the sender immediately.

Business Entity Creation and Management, Business, Government and Tax Law, Real Estate and Land Use, Residential, Commercial and Condominium Development Real Estate and Commercial Transactions & Closings, Including Performing Services as IRS Section 1031 Exchange Facilitator Estate Planning, including Wills and Trusts, and Probate Administration Representation Homeowners/Condominium Association Real Estate Developments Real Property Foreclosures and Forfeitures.

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