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

[Christopher Small]

Great advice/information/analysis.

I agree that it seems tricky.

Looking forward to hearing what everyone else thinks!

Cheers,

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

On Mon, Apr 10, 2017 at 10:58 AM, Eric Nelsen <Eric at sayrelawoffices.com>
wrote:

> 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 <(206)%20625-0092>
>
> fax 206-625-9040 <(206)%20625-9040>
>
>
>
> *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 <(206)%20659-1512>
>
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