[WSBAPT] Undo Deed Transfer?

[Matt Johnson]

Amanda,

Could the son/trustee’s transfer be void or voidable? If the trust’s terms did not grant the trustee authority to perform the transfer, I would think it would be void or voidable.

Regards,

Matthew R. Johnson| Attorney at Law
Gravis Law, PLLC
P.O. Box 182 | 350 E. Main St.
Dayton, WA 99328
509-382-2030 (office)
Website <https://www.gravislaw.com/> - LinkedIn<https://www.linkedin.com/pub/matthew-r-johnson/2b/997/87a>

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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of amanda_wilson at olypenlawoffices.com
Sent: Friday, August 21, 2015 12:14 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Undo Deed Transfer?


I am handling a probate for an estate here in WA. The deceased had previously created a Special Needs Trust for her adult son in AK and had transferred the home that her son was living in, in Juneau, into the SNT. The Will which I am helping probate says that if this property happens to be part of the estate at the time of distributions, it should be transferred to the SNT.



Here's the cool part: The Trustee of the SNT was/is deceased's other son. That son did not want to deal with a funded trust (whereby the Trust would need to pay property taxes) so the Trustee/son transferred the property back out to mom's name again (who was alive then, but now deceased). Mom did not sign this new deed.



If the property were already in the SNT, then we do not need to do a new probate in Juneau. Is there anyway to revoke a Deed? Or can someone not accept the transfer thereby nullifying it (I believe the mother was unaware the Deed had been transferred back)? I realize I would need an AK attorney to do this, but I just have no idea what I am even looking for. We can do an ancilliary probate, but everyone would like to avoid that, obviously.



Thanks for your insight!

Amanda



Amanda M. Wilson, esq.



Olympic Peninsula Law Offices, LLC

1240 W. Sims Way #115

Port Townsend, WA 98368



(360)437-4172 office

(206)331-7851 cell phone



"Your words are the greatest power you have. The words you choose and their use establish the life you experience."
-Sonia Croquette
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