[WSBAPT] Dept. of Licensing & Trusts in Wills

[Tom Ashton]

Felicia:
See RCW 11.98.080(1) stating how a trust may be created, including, “by will or other disposition taking effect upon the trustor's death”.
Tom
s/Thomas E. Ashton
Attorney at Law
WSBA # 11587
203 W. Holly St. Suite 301
Bellingham, Washington
98225
Telephone: 360-714-8208 
Fax: 360-714-8217 
E-mail: tashton at tomashtonlaw.com
 
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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Felicia Value, Attorney at Law
Sent: Monday, June 22, 2015 4:24 PM
To: WSB Listserv
Subject: [WSBAPT] Dept. of Licensing & Trusts in Wills
 
Hello Colleagues -
 
I just had a strange experience with the Dept. of Licensing, an agency that I usually find very helpful.
 
Decedent created a testamentary trust in his Will and left certain real property to the trust.  Included with the real property is a manufactured home.  The DOL would not allow transfer of the MH’s title into the trust, because the trust is in a Will.  As far as they’re concerned (and this got kicked up the ladder),  the “signed trust documents” they require in WAC 308-56A-065 do not include Wills.  I brainstormed with the helpful agent and created an affidavit addressing liability and authority and trustee powers:  no use.  Just no.
 
I asked if we could do a title elimination as a work around:  no.
 
Has anyone else hit this wall?  Has DOL never seen a testamentary trust in a Will before?
 
Thanks in advance for your thoughts -
 
Felicia Value
Attorney at Law
PO Box 578/116 North Third Street
La Conner, WA 98257
(360) 466-2088
www.skagitprobate.com

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Thomas E. Ashton
Attorney at Law
WSBA #11587
203 W. Holly St., Suite 301
Bellingham, Washington
98225
(360) 714-8208
(360) 714-8217 (fax)]
tashton at tomashtonlaw.com
 
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