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K&W CHILDREN'S TRUST v. ESTATE OF FAY

No. 38055-6-III.

503 P.3d 569 (2022)

K&W CHILDREN'S TRUST, Appellant, v. ESTATE OF William FAY, and Kristal J Fay, Respondents.

Court of Appeals of Washington, Division 3.

FILED February 8, 2022.

Attorney(s) appearing for the Case

John Pierce , Law Office of John Pierce, P.S., P.O. Box 330, Cheney, WA, 99004, for Appellant.

Lisa Ann Malpass , James P. Spurgetis, P.S., 422 W Riverside Ave. Ste. 620, Spokane, WA, 99201-0308, Michael J. Bresson , Herman, Herman & Jolley, 12340 E Valleyway Ave., Spokane Valley, WA, 99216-0992, for Respondent.

PUBLISHED OPINION

¶ 1 We rule that plaintiff K&W Children's Trust never existed because an agreement to create a trust in the future does not create a trust. We also hold that, in an action wherein the court may award reasonable attorney fees against a "party," a "party" includes the moving personality behind an ersatz...

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