[WSBAPT] New deed necessary for amended and restated trust?

Tue Jun 16 18:15:24 PDT 2015

Amend and restate the old trust. Keep the name the same--(I would also use "as amended... not "and amended...."). The deed should still apply. That is why we restate so that we do not need to do new deeds for new trusts.  

 Best wishes,

Margaret

Margaret L. Koch 
Smith and Koch 
PO Box O 
Vashon, WA 98070 
206-463-9491 
206-463-3405 (fax) 
vashonlaw at aol.com 

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-----Original Message-----
From: Heather Kolbly <heather at kolblylaw.com>
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>; wsbapt <wsbapt at lists.wsbarppt.com>
Sent: Tue, Jun 16, 2015 4:29 pm
Subject: [WSBAPT] New deed necessary for amended and restated trust?

Hi All,

Client husband and wife are having me amend and restate their revocable living trust from CA (they wanted some major changes and needed other big changes that a simple amendment would not cover).   When they moved here to WA 2 years ago, they bought a house and placed it in the trust.  The deed language states that the property is owned by John James Doe and Jane Ann Doe, Trustees of the Doe Family Living trust dated March 16, 2004.  The name of the revised trust is as follows:  “The Doe Family Living trust dated March 16, 2004, and amended and restated on June 30, 2015.”  QUESTION:  Do I need to draft a new deed that refers to the trust as amended and restated (i.e.:  “John James Doe and Jane Ann Doe, Trustees of the Doe Family Living trust dated March 16, 2004, and amended and restated on June 30, 2015” OR can I just use the existing deed?  I haven’t done an amendment and restatement where the client/trustees had already placed the real property in the trust before amending the trust.

Hope this makes sense… Thanks for any help you can offer.

Heather Kolbly

Heather Tobin Kolbly

Mobile Attorney 

KOLBLY LAW FIRM, P.C.

Mail:  704 228th Ave. NE #122, Sammamish, WA  98074

(425) 444-1888 

Heather at KolblyLaw.com

www.KolblyLaw.com

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