[WSBAPT] recording

[Heather deVrieze]

I'm not sure I understand exactly what the issue is. If the Will provided that the property in question was to fund the Testamentary Trust, a deed from the Personal Representative, pursuant to the terms of the Will and the nonintervention powers given the Personal Representative, to the Trustee of the XYZ Trust should be sufficient.

I have found that they don't like us to use one deed to wipe out a step. For example, if I have a married beneficiary of an estate who would like to own inherited property with their spouse, it doesn't work to have them give the Personal Representative instructions to deed the property to beneficiary and spouse; we have to do two deeds, one to beneficiary and another from beneficiary to beneficiary and spouse. If the transaction all fits under one WAC on the excise tax affidavit, one deed should work, if you are using two exemptions, (inheritance & transfers between spouses) generally must use two deeds.

Heather

Heather S. de Vrieze
Attorney-at-Law
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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Eden Rubenstein Toner
Sent: Monday, June 08, 2015 12:35 PM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] recording

I am transferring an interest in real estate from an estate to a testamentary trust.  I prepared a PR deed and a REETA, from the PR to the Trustees of the xxx Trust.  It was rejected by the King Co Recorder, saying I needed two separate transactions-first "from Grantor to people, not with the trust"; second "from people to people + trust".  I have never run into this before, and don't understand what it means.  I would appreciate feedback.  Thanks.
Eden

Eden Rubenstein Toner
Attorney at Law
1600-B SW Dash Point Road, #163
Federal Way, WA 98023
phone 206-953-4485
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