Which state to hire a lawyer in?

[Phil0]

California
I recently accepted to serve as trustee and need to hire an attorney. The only asset is a commercial real property in the state of Hawaii. I live in California. The trustor created the revocable trust in Washington state and also passed away in Washington state. Can anyone help to determine which state I can hire an attorney?

The following paragraph is what is written the trust instrument :

I. Controlling Law.

The validity of this trust and the construction of its beneficial provisions shall be governed by the laws of the state of Washington in force from time to time. The provisions of this paragraph “I” shall apply regardless of any change of residence at the trustee or any beneficiary for the appointment or substitution of a trustee residing or doing business in another state. Notwithstanding the foregoing, the validity and construction of this trust in relation to any real property located in a jurisdiction outside the state of Washington shall be determined under the laws of such jurisdiction. If the situs or place of administration of the trust is changed to another state, the law of that state shall govern the administration of the trust.

 

[adjusterjack]

the validity and construction of this trust in relation to any real property located in a jurisdiction outside the state of Washington shall be determined under the laws of such jurisdiction.

Even without that paragraph you would have to deed the property from the trust to the beneficiary in accordance with property transfer and recording laws of the state in which the property is located.

I suggest you hire a lawyer in the Hawaiian county or city where the property is located.

Though if you already have an attorney in CA for other things you might check with him/her first and see if he/she can do it.

 

[LdiJ]

California
I recently accepted to serve as trustee and need to hire an attorney. The only asset is a commercial real property in the state of Hawaii. I live in California. The trustor created the revocable trust in Washington state and also passed away in Washington state. Can anyone help to determine which state I can hire an attorney?

The following paragraph is what is written the trust instrument :

I. Controlling Law.

The validity of this trust and the construction of its beneficial provisions shall be governed by the laws of the state of Washington in force from time to time. The provisions of this paragraph “I” shall apply regardless of any change of residence at the trustee or any beneficiary for the appointment or substitution of a trustee residing or doing business in another state. Notwithstanding the foregoing, the validity and construction of this trust in relation to any real property located in a jurisdiction outside the state of Washington shall be determined under the laws of such jurisdiction. If the situs or place of administration of the trust is changed to another state, the law of that state shall govern the administration of the trust.

I probably agree with AJ but it would be helpful to know what you need the attorney for. AJ is assuming that you need the attorney to deed the property to the beneficiary. If that is the case, then AJ's advice is spot on. If you need the attorney for something else, then you might need an attorney in Washington state.

 

[Zigner]

I probably agree with AJ but it would be helpful to know what you need the attorney for. AJ is assuming that you need the attorney to deed the property to the beneficiary. If that is the case, then AJ's advice is spot on. If you need the attorney for something else, then you might need an attorney in Washington state.

Agreed - since this was posted in the Wills, Trusts and Estate Planning sub-forum, it's entirely possible that the OP is looking for help with actually administering the trust.