[WSBAPT] I need ideas - 1/2 community real property into trust

[Eric Nelsen]

Yes, can do with a single deed now, so long as it includes after-acquired title. QCD must specify expressly that it includes after-acquired title; any other statutory deed (warranty or bargain & sale) automatically includes after-acquired title. RCW 64.04.070<http://app.leg.wa.gov/RCW/default.aspx?cite=64.04&full=true#64.04.070>.

To make things as clear as possible and flag the issue for anyone examining title, I would probably put an extra recital in the deed, indicating that the Grantor's interest conveyed includes S2's fee simple interest in community property, together with all right, title, and interest to be after acquired by distribution to S2 from the Estate of S1, probated under X County Superior Court Case #Y..

I'm interested in what our title colleagues would say, too--it seems tricky to me, to deal with after-acquired title issues, because the deeds will be out of chronological order in the title chain.

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

Please Note that We Have Moved. We have moved our Seattle office to Mount Baker Ridge (a small commercial community just above the I-90 tunnel). Our new address is 1417 31st Avenue South, Seattle WA 98144. All other contact information remains the same.

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Christopher Small
Sent: Monday, April 10, 2017 10:34 AM
To: WSBA Probate & Trust Listserv
Subject: [WSBAPT] I need ideas - 1/2 community real property into trust

Interesting scenario here, would love some feedback.
Here are the facts:

  *   Married couple owns home outright - community property
  *   Spouse 1 dies with will, leaving home to Spouse 2
  *   S1's estate needs to go through probate for other reasons
  *   S2 now sick, wants to put property into trust (for various reasons)

Question - is there any way to get the property into the trust without having to wait until the probate is complete?

More specifically, is it possible for S2 to transfer his interest in the property into trust now and transfer the remaining interest that (I think) is currently frozen until probate is complete?

Would love anyone's feedback, ideas, etc. If you need more info, please let me know.

Sincerely,
Christopher Small
CMS Law Firm LLC<http://cmslawfirm.com>
150 Lake St. S., Suite 218
Kirkland, WA 98033
206.659.1512
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