[WSBAPT] Undo Deed Transfer?

[John J. Sullivan]

Was there consideration for the return of the property to mom? Arguably the trustee violated his fiduciary duty to his brother. 

Without probate nobody can act for the estate. Can trustee unilaterally rescind the deed out to mom under AK law? If there was lack of consideration, or the aft was ultra views? What about under WA law? Can the situs and governing law be changed if that helps?

 Will there be a WA probate? If so and you can choose for the trust to be governed by WA law can you do a TEDRA agreement agreeing to rescission ab initio and have trustee record rescission instrument?

John Sullivan

Sent from my iPhone

> On Aug 21, 2015, at 12:13 PM, amanda_wilson at olypenlawoffices.com wrote:
> 
> 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
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>  
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