[WSBAPT] Real Property in Trust to subtrusts - deed?

[Eric Nelsen]

Married clients had a joint RLT that directs, upon first to die, transfer of decedent's assets into a "Trust B" and survivor's assets into a "Trust A." Multiple kids are the final beneficiaries, and there is a potential troublemaker who is a remainder beneficiary of only one of the subtrusts.

My plan is to do an actual deed, from Trustee of the original RLT to that same Trustee as to Trust A and as to Trust B, to put one-half of the real property in Trust A and one-half into Trust B.

Ordinarily I might think this a little overkill since both trusts are administered by the same Trustee and the "transfers" into the subtrusts could just be done administratively, internal to the Trust instrument. But because there's a potential troublemaker and a difference in remainder beneficiaries between Trust A and Trust B, I am inclined to put a deed into the public record showing the real property has been split between the two trusts.

Anyone have any thoughts about this? Am I worrying too much, or worrying not enough?

Thanks in advance--

Sincerely,

Eric C. Nelsen
SAYRE LAW OFFICES, PLLC
1320 University St
Seattle WA  98101-2837
phone 206-625-0092
fax 206-625-9040

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