[WSBAPT] Dept. of Licensing & Trusts in Wills

[Kokie Adams]

I have prepared a “Trust Certification” document which I have the Trustee sign (many Banks requires this type of document when opening a Trust bank account) and attached to it is the portion of the Will which creates the Trust and that has worked.  I will say that some DOL offices are easier to work with than others.

Kokie Adams
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Office:  425.774.0444 | Fax: 425.771.2711
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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<http://www.skagitprobate.com>

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