[WSBAPT] Transferring separate property into trust

[Jeanne Dawes]

I typically just to a Spousal Consent on the Deed, acknowledging it is separate property and consenting to the transfer.  I do have the notary acknowledge the non-owning spouse’s signature.

However, if you are transferring it to a H&W Revocable Living Trust, you may want to consider creating a separate property subtrust for this property, and transfer to that subtrust where it will remain the wife’s separate property and not get comingled with the other community assets.

Jeanne

Jeanne J. Dawes
Attorney at Law
Gore & Grewe, P.S.
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Spokane, WA 99207-2317
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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Eric Nelsen
Sent: Thursday, July 21, 2016 10:29 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Transferring separate property into trust

I agree with John, to make sure any potential community lien for reimbursement is extinguished. Also, if they live at the property, see RCW 6.13.060<http://app.leg.wa.gov/RCW/default.aspx?cite=6.13&full=true#6.13.060> for requirement that even non-owning spouse must convey any homestead.

Re her own deed of transfer, if she ends up doing one separate from her spouse, I don't think you need to two-step it. One deed, naming her as "X, who took title as an unmarried individual, now as a married person," or something similar. The recital of marital status is helpful/informative I think but isn't critical for operation of the deed; it affects whatever interest she has.

Sincerely,

Eric

Eric C. Nelsen
SAYRE LAW OFFICES, PLLC
1417 31st Ave South
Seattle WA  98144-3909
phone 206-625-0092
fax 206-625-9040

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From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of John J. Sullivan
Sent: Wednesday, July 20, 2016 5:10 PM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Transferring separate property into trust

Tracy:

I might have the husband quitclaim his CP interest, including after acquired, "if any," to her first and then have her convey to the RLT.

John Sullivan

Sent from my iPhone

On Jul 20, 2016, at 5:06 PM, tracy paul <tracypaullaw at hotmail.com<mailto:tracypaullaw at hotmail.com>> wrote:
Hi All,

Client wants to transfer her separate property into a trust. She took title as "an unmarried woman". She is now married but wants to keep property separate. Does she first need to transfer property to herself as "a married woman as her sole and separate property" before transferring the property to her trust? I'm sure this happens often, but this is a first for me!

Thanks!
Tracy Paul
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