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RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 36956
Experience:  Texas lawyer for 30 years in Estate law
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I have a Trust. My "Trustee" recently contacted a

Customer Question

I have a Trust. My "Trustee" recently contacted a professional I am working with, and WITHOUT
MY CONSENT.....divulged not only the fact that I had a Trust and my income is derived from that Trust,
but details concerning a recent request I made to my Trustee. I am flabbergasted. Humiliated. Embarrassed.
Angry and feel 100% totally------Betrayed.After I telephonically confronted my Trustee about this action--for the first time, this very eloquent, quick
witted never-at-a-loss-for-words professional Fiduciary.........stumbled, stammered and tripped over nearly
every word, until he finally mumbled, "...I have to be at a meeting now..." and hung up.It is BEYOND obvious, that he is now aware he blatantly violated my "right-to-privacy" backward and forward
.....however, as my Trustee he is also very much aware of my financial circumstances, which he now apparently
intends to use this knowledge to his advantage.He is now aware, that I have several very, very serious financial obligations coming up within the next 10
days, and that if I do not meet them----I will be financially decimated, which is not an overstatement. In an
attempt to meet these financial obligations, 3 days ago I FULLY explained my circumstances and what the
consequences would be if I failed to meet those obligations, and as I have done in the past, asked him to
simply send a distribution (I would be entitled to anyway) 2 months early........however.He now knows if I am financially ruined----I cannot hire the attorneys necessary to pursue a legal remedy
against him, therefore, in order to keep me from filing a lawsuit against him, he has now decided to
use---and abuse his position as Trustee to try to ruin me financially, so he has now REFUSED my
request for an additional distribution..... Additionally. Without notice to anyone today, he left an email
notice that he will not be back into his office until the 28th. He basically ran from his office knowing I
need the additional distribution within the next 10 days, which is exactly the amount of time he's scheduled
himself to be out of his office.MY QUESTION: How do I go after this scumbag.?. What steps should I take against a P-O-S who
would abuse his position to keep from being prosecuted.?. Plug the actions this d-bag is doing into
any other professional position. Chief of Police. Mayor of a City. A Governor. A member of Congress.
This piece-of-human-garbage needs to be taken down----and as quickly as possible.
Submitted: 11 months ago.
Category: Estate Law
Expert:  RayAnswers replied 11 months ago.

Hi and welcome to JA. I am Ray and will be the expert helping you tonight.

You may want to consider a suit for invasion of your privacy and breach of fiduciary duty to you the beneficiary.The trustee here was wrong and violated you in multiple ways.Again a local lawyer may sue on your behalf for such wrongs and get you damages including legal fees and costs.

Expert:  RayAnswers replied 11 months ago.

Reference

1.98.078
Trustee duty of loyalty.

(1) A trustee must administer the trust solely in the interests of the beneficiaries.

(2) Subject to the rights of persons dealing with or assisting the trustee as provided in RCW 11.98.105, a sale, encumbrance, or other transaction involving the investment or management of trust property entered into by the trustee for the trustee's own personal account or which is otherwise affected by a conflict between the trustee's fiduciary and personal interests is voidable by a beneficiary affected by the transaction unless:

(a) The transaction was authorized by the terms of the trust;

(b) The transaction was approved by the court or approved in a nonjudicial binding agreement in compliance with RCW 11.96A.210 through 11.96A.250;

(c) The beneficiary did not commence a judicial proceeding within the time allowed by RCW 11.96A.070;

(d) The beneficiary consented to the trustee's conduct, ratified the transaction, or released the trustee in compliance with RCW 11.98.108; or

(e) The transaction involves a contract entered into or claim acquired by the trustee before the person became or contemplated becoming trustee.

(3)(a) A sale, encumbrance, or other transaction involving the investment or management of trust property is presumed to be "otherwise affected" by a conflict between fiduciary and personal interests under this section if it is entered into by the trustee with:

(i) The trustee's spouse or registered domestic partner;

(ii) The trustee's descendants, siblings, parents, or their spouses or registered domestic partners;

(iii) An agent or attorney of the trustee; or

(iv) A corporation or other person or enterprise in which the trustee, or a person that owns a significant interest in the trustee, has an interest that might affect the trustee's best judgment.

(b) The presumption is rebutted if the trustee establishes that the conflict did not adversely affect the interests of the beneficiaries.

(4) A sale, encumbrance, or other transaction involving the investment or management of trust property entered into by the trustee for the trustee's own personal account that is voidable under subsection (2) of this section may be voided by a beneficiary without further proof.

(5) An investment by a trustee in securities of an investment company or investment trust to which the trustee, or its affiliate, provides services in a capacity other than as trustee is not presumed to be affected by a conflict between personal and fiduciary interests if the investment complies with the prudent investor rule of chapter 11.100 RCW. In addition to its compensation for acting as trustee, the trustee may be compensated by the investment company or investment trust for providing those services out of fees charged to the trust. If the trustee receives compensation from the investment company or investment trust for providing investment advisory or investment management services, the trustee must at least annually notify the permissible distributees of the rate and method by which that compensation was determined. The obligation of the trustee to provide the notice described in this section may be waived or modified by the trustor in the trust document or in a separate writing, made at any time, that is delivered to the trustee.

(6) The following transactions, if fair to the beneficiaries, cannot be voided under this section:

(a) An agreement between a trustee and a beneficiary relating to the appointment or compensation of the trustee;

(b) Payment of reasonable compensation to the trustee and any affiliate providing services to the trust, provided total compensation is reasonable;

(c) A transaction between a trust and another trust, decedent's estate, or guardianship of which the trustee is a fiduciary or in which a beneficiary has an interest;

(d) A deposit of trust money in a regulated financial-service institution operated by the trustee or its affiliate;

(e) A delegation and any transaction made pursuant to the delegation from a trustee to an agent that is affiliated or associated with the trustee; or

(f) Any loan from the trustee or its affiliate.

(7) The court may appoint a special fiduciary to make a decision with respect to any proposed transaction that might violate this section if entered into by the trustee.

(8) If a trust has two or more beneficiaries, the trustee must act impartially in administering the trust and distributing the trust property, giving due regard to the beneficiaries' respective interests.

Expert:  RayAnswers replied 11 months ago.

RCW 11.98.085

Trustee—Breach of trust—Damages.

(1) A trustee who commits a breach of trust is liable for the greater of:

(a) The amount required to restore the value of the trust property and trust distributions to what they would have been had the breach not occurred; or

(b) The profit the trustee made by reason of the breach.

(2) Except as otherwise provided in this subsection, if more than one trustee is liable to the beneficiaries for a breach of trust, a trustee is entitled to contribution from the other trustee or trustees. A trustee is not entitled to contribution if the trustee was substantially more at fault than another trustee or if the trustee committed the breach of trust in bad faith or with reckless indifference to the purposes of the trust or the interests of the beneficiaries. A trustee who received a benefit from the breach of trust is not entitled to contribution from another trustee to the extent of the benefit received.

Expert:  RayAnswers replied 11 months ago.

RCW 42.56.050

Invasion of privacy, when.

A person's "right to privacy," "right of privacy," "privacy," or "personal privacy," as these terms are used in this chapter, is invaded or violated only if disclosure of information about the person: (1) Would be highly offensive to a reasonable person, and (2) is not of legitimate concern to the public. The provisions of this chapter dealing with the right to privacy in certain public records do not create any right of privacy beyond those rights that are specified in this chapter as express exemptions from the public's right to inspect, examine, or copy public records.

[1987 c 403 § 2. Formerly RCW 42.17.255.]

Expert:  RayAnswers replied 11 months ago.

Lawyer for you here.

Washington

King County Bar Association LRS
Seattle, WA

Phone:(###) ###-####br />Counties Served: King, Pierce

Meets ABA Standards for Lawyer Referral

Attorney Referral Service
Bremerton, WA

Phone:(###) ###-####br />Counties Served: Kitsap, and surrounding areas

Lewis County Bar Legal Aid / LRS
Chehalis, WA

Phone:(###) ###-####br />Counties Served: Lewis

Snohomish County Bar Association
Everett, WA

Phone:(###) ###-####br />Counties Served: Snohomish, Whatcom, Skagit, Island, King

Southwest Washington Lawyer Referral Service
Vancouver, WA

Phone:(###) ###-####br />Counties Served: Clark, Cowlitz, Skamania, Wahkiakum; Oregon: Lewis, Multnomah

Tacoma-Pierce County Bar Association
Tacoma, WA

Phone:(###) ###-####br />Counties Served: Pierce

You may have multiple causes of action to sue for.

I appreciate the chance to help you tonight.I hope you will pursue this.Thanks again.

I wish you a happy holiday season.

Customer: replied 11 months ago.
Respectfully. I can hand tools, equipment and supplies to someone----but without the ability to be able to use them they basically are worthless.....consequently. What in a cohesive statement, do all the "RCW's mean as they relate to my situation?
I did ask, "how do I go after this "scumbag", and "what steps do I take"....but I don't see the explanation for either question.
Customer: replied 11 months ago.
I'm sorry, I have loads of work I must complete tonight, and I cannot wait any longer for a response.
Expert:  RayAnswers replied 11 months ago.

I am here.The trustee here as per the law above has the fiduciary duty here to protect your private information as a beneficiary.Additionally your privacy rights were violated and you can seek damages here for both.It was wrong for him to disclose private information about you without your consent. You would argue he was professionally negligent.

Thanks for the follow up.

Expert:  RayAnswers replied 11 months ago.

I appreciate your patience here.

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