[WSBAPT] Staying out of Probate w Prop Transfer After Death

[Paul Grant]

I thought I knew the steps to follow for my client but now that it is time
to put pen to paper I am second-guessing myself and wanted to reach out for
other thoughts... the joy of a single-member firm!

Client owns house and three contiguous parcels in name of himself and
spouse as married.  No question that the property is CP.

Client's spouse dies.  They had a trust but never funded the house or the 3
other properties.  Pour over will says to trust, then to start Family Trust
with deceased spouse's property.  All very typical disclaimer A/B trust.

We need to start the Family Trust as Client has a taxable estate in WA if
we do not.

I am considering an affidavit of no probate based upon the new rules to put
the prop in Client's name, then have him place prop into Family Trust - but
that does not follow the proper procedure and I am concerned that I will be
hit with an excise tax at time of placing it into the Family Trust.

We really would love to not open a probate just to lift the properties into
the trust where we can obviously move them to the Family Trust, but is
there another way?

I was thinking to create the affidavit to state the prop moves to the
trust, also an excise tax free move, then to Family, but???

Any thoughts or wisdom from someone who has jumped this hurdle before would
be very appreciated.

Thanks,

Paul H. Grant - JD, LL.M

Planning with Purpose, Inc
Lynnwood, WA 98036
425-939-9948
www.planningwithpurposeinc.com

Estate Planning. Business Planning. Wealth Succession.
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