[WSBAPT] I need ideas - 1/2 community real property into trust
Carmen Rowe
carmen at gryphonlawgroup.com
Mon Apr 10 15:10:37 PDT 2017
Is there a community property agreement in place?
If so, my recollection (subject to comment from others who have dealt with
or have comments on this direct scenario) is that property automatically
transferred and isn't part of probate.
Carmen Rowe, Attorney
Phone: (360) 669-3576 (direct cell)
Email: Carmen at GryphonLawGroup.com
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On Mon, Apr 10, 2017 at 12:00 PM, <wsbapt-request at lists.wsbarppt.com> wrote:
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> Today's Topics:
>
> 1. I need ideas - 1/2 community real property into trust
> (Christopher Small)
> 2. Re: I need ideas - 1/2 community real property into trust
> (Eric Nelsen)
> 3. Re: I need ideas - 1/2 community real property into trust
> (Christopher Small)
> 4. Re: I need ideas - 1/2 community real property into trust
> (Mark Higgins)
>
>
> ----------------------------------------------------------------------
>
> Message: 1
> Date: Mon, 10 Apr 2017 10:34:20 -0700
> From: Christopher Small <chris at cmslawfirm.com>
> To: "WSBA Probate & Trust Listserv" <wsbapt at lists.wsbarppt.com>
> Subject: [WSBAPT] I need ideas - 1/2 community real property into
> trust
> Message-ID:
> <CALM_vUKtn7_VsrNqet7TA7C0hwvxzS=2kacr6+
> Hh1_bfTH9JDg at mail.gmail.com>
> Content-Type: text/plain; charset="utf-8"
>
> 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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> ------------------------------
>
> Message: 2
> Date: Mon, 10 Apr 2017 17:58:02 +0000
> From: Eric Nelsen <Eric at sayrelawoffices.com>
> To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> Subject: Re: [WSBAPT] I need ideas - 1/2 community real property into
> trust
> Message-ID:
> <8CF6ADB264BB704BB884B2ED9C1931D4018AD52D8E at SBS2011.
> SayreLawOffices.local>
>
> Content-Type: text/plain; charset="utf-8"
>
> 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
> -------------- next part --------------
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>
> ------------------------------
>
> Message: 3
> Date: Mon, 10 Apr 2017 11:20:46 -0700
> From: Christopher Small <chris at cmslawfirm.com>
> To: "WSBA Probate & Trust Listserv" <wsbapt at lists.wsbarppt.com>
> Subject: Re: [WSBAPT] I need ideas - 1/2 community real property into
> trust
> Message-ID:
> <CALM_vU+9DuDonRm2Xm_Zj1x5JT=gtTwmsGgeByqYyuDdgtsF7Q at mail.
> gmail.com>
> Content-Type: text/plain; charset="utf-8"
>
> 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>
> >
> > _______________________________________________
> > WSBAPT mailing list
> > WSBAPT at lists.wsbarppt.com
> > http://mailman.fsr.com/mailman/listinfo/wsbapt
> >
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> ------------------------------
>
> Message: 4
> Date: Mon, 10 Apr 2017 11:21:46 -0700
> From: Mark Higgins <markthiggins at gmail.com>
> To: "WSBA Probate & Trust Listserv" <wsbapt at lists.wsbarppt.com>
> Subject: Re: [WSBAPT] I need ideas - 1/2 community real property into
> trust
> Message-ID:
> <CAEC4MTi+bHovfONsBsPvBxG-PXH508Nird2GV9gn4rCqB3pDcw@
> mail.gmail.com>
> Content-Type: text/plain; charset="utf-8"
>
> If there are no creditor problems or tax problems how about distributing
> the home early?
>
> Mark
>
> On Mon, Apr 10, 2017 at 10:34 AM, Christopher Small <chris at cmslawfirm.com>
> wrote:
>
> > 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>
> >
> > _______________________________________________
> > WSBAPT mailing list
> > WSBAPT at lists.wsbarppt.com
> > http://mailman.fsr.com/mailman/listinfo/wsbapt
> >
>
>
>
> --
> Mark T. Higgins
> Mark T. Higgins, P.C.
> P.O. Box 57
> Darrington, WA 98241
> 206-491-2420
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