[WSBAPT] Real Property in Trust to subtrusts - deed?
Eric Nelsen
Eric at sayrelawoffices.com
Wed Jan 7 16:37:11 PST 2015
Not viable in this scenario, unfortunately.
Sincerely,
Eric
Eric C. Nelsen
SAYRE LAW OFFICES, PLLC
1320 University St
Seattle WA 98101-2837
phone 206-625-0092
fax 206-625-9040
From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Mark Higgins
Sent: Wednesday, January 07, 2015 4:21 PM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Real Property in Trust to subtrusts - deed?
How about going even farther and placing all the real estate into one trust and all something else into the other trusts, thereby further isolating future troubles?
On Wed, Jan 7, 2015 at 3:44 PM, Eric Nelsen <Eric at sayrelawoffices.com<mailto:Eric at sayrelawoffices.com>> wrote:
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<tel:206-625-0092>
fax 206-625-9040<tel:206-625-9040>
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--
Mark T. Higgins
Mark T. Higgins, P.C.
P.O. Box 57
Darrington, WA 98241
206-491-2420
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