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

[Roger Hawkes]

I think your worrymeter is spot on.

Roger Hawkes, WSBA # 5173
19909 Ballinger Way NE
Shoreline, WA 98155
www.hawkeslawfirm.com<http://www.hawkeslawfirm.com>
206 367 5000
Fax is 206 367 4005

From: Eric Nelsen [mailto:Eric at sayrelawoffices.com]
Sent: Wednesday, January 07, 2015 4:37 PM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Real Property in Trust to subtrusts - deed?

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> [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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