[WSBAPT] recording

Sandra Bates Gay sgay at sbglaw-wa.com
Mon Jun 8 15:03:33 PDT 2015


Doug's suggestion makes a lot of sense. I am dealing with a trust right now for real estate  in the name of the trustees, as trustees for the named testamentary trust. Two of the trustees are not longer involved, so the parties are having to deal with straightening out the title

Sandi Gay

On Jun 8, 2015, at 2:19 PM, Doug Schafer <schafer at pobox.com> wrote:

I believe an appropriate form to describe a testamentary trust grantee is "[trusteeName] of the [trustName] Trust under will of [Decedent]" and identify somewhere in the deed the court and case number of the proceeding in which the will was admitted to probate.  The identification of the PR-grantor normally would provide that identification of the court and case number.

I think the K.C. auditor/recorder staffer is misguided.

Doug Schafer, in Tacoma.

> On 6/8/2015 1:03 PM, Marcus Fry wrote:
> As far as I am aware your Auditor is all wet as I have never had a problem and I am not aware of any WAC that requires a 2-step transfer. 
>  
> However, to smooth things, you should include a photocopy of the Will that shows the establishment of the trust.  Or prepare a Certification of Trust for the trustee to sign.  Also, make sure the grantee reads “John Doe, Trustee of the Jane Doe Testamentary Trust” (can include date it was established if you want).  If you just put to “Trustees of the Jane Doe Testamentary Trust” that could be the problem with the             Auditor.
>  
> Marcus J. Fry
> Lyon, Weigand & Gustafson, P.S. 
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> From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Ralph Maimon
> Sent: Monday, June 08, 2015 12:51 PM
> To: WSBA Probate & Trust Listserv
> Subject: Re: [WSBAPT] recording
>  
> Please reply to the entire list. 
> Ralph Maimon
> LAW OFFICE OF RALPH MAIMON, P.S.
> 2811 E. Madison Street, Suite 202
> Seattle, WA 98112
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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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