[WSBAPT] TOD Deed Recording Procedure?

Mon Nov 30 12:55:01 PST 2015

No.  Generally the Treasurer¹s office stamps it and you just record it.  The
REET is necessary when the Grantor dies and the death certificate is
recorded to convey title per the TOD.  See WAC 458-61A-303(3)(j).

Kate Gamble

Attorney at Law

Uptown Law PLLC

PO Box 835

Port Townsend, WA 98368

(360) 379-1818

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From:  <wsbapt-bounces at lists.wsbarppt.com> on behalf of Erin Fairley
<efairley at advocateslg.com>
Reply-To:  WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Date:  Monday, November 30, 2015 at 12:29 PM
To:  WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject:  Re: [WSBAPT] TOD Deed Recording Procedure?

Hi All,

I¹ve prepared my first TOD Deed.  When recording, do I also need completed
Real Estate Excise Tax Affidavit?   This language is on the deed:

The recording of this Revocable Transfer on Death Deed is not a ³sale² as
defined in RCW 82.45.010(1) and is therefore not subject to real estate
excise tax.  The transfer that will occur under this Revocable Transfer on
Death Deed at the time of the grantor¹s death is exempt from the Washington
Real Estate Excise Tax by reason of RCW 82.45.010(3)(b) and WAC
458-61A-202(7). 

What forms are necessary to present at the Recorder¹s office?

Thank you,
Erin

121 Lakeside Avenue, Suite 108
Seattle, WA 98122
mailto:efairley at advocateslg.com
Phone: (206)-535-7929; Cell:  (206) 353-4625
http://www.advocateslg.com <http://www.advocateslg.com/>

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From: Tom White <thomas.henry.white at gmail.com>
Reply-To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Date: Wednesday, November 25, 2015 at 4:29 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Deferral of Special Needs Trust in Trust provisions

I think anything you draft to allow the trustee to convert into an SNT for
an unborn grandchild might or might not work--there should really be
statutory safe-harbor language for people who want to write it into their
trust.

Someone who wanted to abuse that provision could do it without leaving the
beneficiary much recourse.  Still, any trust will fail with the wrong
Trustee, so I think the upside of some SNT contingency language probably
outweighs the downside.

On Tue, Nov 24, 2015 at 9:37 AM, Eric Nelsen <Eric at sayrelawoffices.com>
wrote:
> I had a thought while working on another matter, that there are situations
> where an estate planning client might want to provide for a trust for someone
>  grandchild, for example  but does not know whether that beneficiary might
> at some point need government benefits, and a special needs trust would be
> appropriate.
>  
> What do y'all think about having an option for a Trustee to fund a special
> needs trust and terminate the ordinary trust early? Something like:
>  
> If the Trustee determines, in Trustee's sole and absolute discretion, that X
> qualifies or could qualify for government benefits but for the benefits
> provided under this trust, then Trustee may retain counsel to create a special
> needs trust for X's sole benefit during his/her life and having remainder
> interest provisions identical to this current trust, and having trust purposes
> and distribution instructions that would allow X to qualify for such
> government benefits, and upon creation of such special needs trust may
> terminate this Trust and transfer all remaining assets into such special needs
> trust.
>  
> Would this work? Assuming the special needs trust had the appropriate
> provisions, I think this could change an ordinary trust into a
> non-self-settled special needs trust if it becomes necessary.
>  
> Sincerely,
>  
> Eric
>  
> Eric C. Nelsen
> SAYRE LAW OFFICES, PLLC
> 1320 University St
> Seattle WA  98101-2837
> phone 206-625-0092 <tel:206-625-0092>
> fax 206-625-9040 <tel:206-625-9040>
>  
> 
> _______________________________________________
> WSBAPT mailing list
> WSBAPT at lists.wsbarppt.com
> http://mailman.fsr.com/mailman/listinfo/wsbapt

-- 

Tom White
Attorney-At-Law
Seattle, Washington
_______________________________________________ WSBAPT mailing list
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