[WSBAPT] I need ideas - 1/2 community real property into trust
Marie White
mwaal at aol.com
Tue Apr 11 13:08:58 PDT 2017
Because you are opening a probate for other reasons, you can have the PR execute a Special Warranty Deed anytime after the probate is opened. There is no need to wait until the probate closes to do this.
Marie White
Attorney at Law
415 SW 152nd Street
Burien, WA 98166-2208
206-246-1791 Phone
206-246-2080 Fax
We do not use encrypted email so this message is not secure and may not be protected by attorney client privilege. NOTE: This email address is NOT monitored 24/7. If your matter requires prompt attention please call our offices during business hours so we can discuss it with you and also discuss timing.
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-----Original Message-----
From: wsbapt-request <wsbapt-request at lists.wsbarppt.com>
To: wsbapt <wsbapt at lists.wsbarppt.com>
Sent: Tue, Apr 11, 2017 12:00 pm
Subject: WSBAPT Digest, Vol 31, Issue 11
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Today's Topics:
1. Re: I need ideas - 1/2 community real property into trust
(John McCrady)
2. Re: Motion to Disburse Surplus Funds RCW 61.24.080 (Erin Fairley)
3. LLLT Expansion Update (Michael Safren)
4. Re: LLLT Expansion Update (MK Henderson)
5. GR 17 format (Jim Doran)
6. Phone systems (Lisa E Schuchman)
7. Re: I need ideas - 1/2 community real property into trust
(Carmen Rowe)
8. Re: LLLT Expansion Update (Jayne Gilbert)
9. LLCs for Rental Real Estate (Thomas White)
10. Real Estate Contract - Recording - REET - Skagit County
(Neli Espe, J.D. - Olympic Legal)
11. Re: Real Estate Contract - Recording - REET - Skagit County
(Craig Gourley)
12. Re: Real Estate Contract - Recording - REET - Skagit County
(Eric Nelsen)
13. Re: Real Estate Contract - Recording - REET - Skagit County
(Mike Winslow)
14. Re: Real Estate Contract - Recording - REET - Skagit County
(Heather deVrieze)
15. Re: LLCs for Rental Real Estate (Paul Neumiller)
16. Re: LLLT Expansion Update (Randolph Petgrave)
17. Re: LLCs for Rental Real Estate (Bryce Dille)
18. testamentary trust -- adult child beneficiary; trustee
conflict? (J Richard McEntee, Jr.)
19. Re: Thoughts on clio for an estate planning/probate attorney
(Derek Jensen)
20. Re: LLCs for Rental Real Estate (Paul Neumiller)
----------------------------------------------------------------------
Message: 1
Date: Mon, 10 Apr 2017 12:07:41 -0700
From: John McCrady <j.mccrady at pstitle.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:
<A8106026B40C9544A17DC5E44A2003EE01E63181B6A6 at PSTMAILV.pstitle.com>
Content-Type: text/plain; charset="utf-8"
I agree with Eric?s analysis; the clarity added by specifically including the title acquired from S1?s estate will help avoid a title company?s uncertainty about intentions.
John McCrady
Counsel
Puget Sound Title Company
5350 Orchard Street West
University Place WA 98466
253-476-5721
From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Christopher Small
Sent: Monday, April 10, 2017 11:21 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] I need ideas - 1/2 community real property into trust
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<mailto: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<tel:(206)%20625-0092>
fax 206-625-9040<tel:(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> [mailto: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<tel:(206)%20659-1512>
_______________________________________________
WSBAPT mailing list
WSBAPT at lists.wsbarppt.com<mailto:WSBAPT at lists.wsbarppt.com>
http://mailman.fsr.com/mailman/listinfo/wsbapt
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Message: 2
Date: Mon, 10 Apr 2017 20:13:32 +0000
From: Erin Fairley <erin at leschilaw.com>
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Motion to Disburse Surplus Funds RCW 61.24.080
Message-ID: <D5113534.26A6A%erin at leschilaw.com>
Content-Type: text/plain; charset="windows-1252"
Hi All,
I need to file a Motion To Disburse Surplus Funds in Snohomish County. Would anyone be willing to talk with me about this process?
Thank you,
Erin
[Leschi Law, PLLC]<https://htmlsig.com/t/000001CAFTXK>
Erin Fairley / Attorneyerin at leschilaw.com<mailto:erin at leschilaw.com> / (206) 353-4625
Leschi Law, PLLC
121 Lakeside Avenue, Suite 108 Seattle, WA 98122www.leschilaw.com<http://www.leschilaw.com/>
The information contained in this e-mail message may be privileged, confidential and protected from disclosure. If you are not the intended recipient, any use, distribution or copying of this e-mail message or any attachment to it is strictly prohibited.
From: <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> on behalf of John McCrady <j.mccrady at pstitle.com<mailto:j.mccrady at pstitle.com>>
Reply-To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Date: Monday, April 10, 2017 at 12:07 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] I need ideas - 1/2 community real property into trust
I agree with Eric?s analysis; the clarity added by specifically including the title acquired from S1?s estate will help avoid a title company?s uncertainty about intentions.
John McCrady
Counsel
Puget Sound Title Company
5350 Orchard Street West
University Place WA 98466
253-476-5721
From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Christopher Small
Sent: Monday, April 10, 2017 11:21 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] I need ideas - 1/2 community real property into trust
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<mailto: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<tel:(206)%20625-0092>
fax 206-625-9040<tel:(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> [mailto: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<tel:(206)%20659-1512>
_______________________________________________
WSBAPT mailing list
WSBAPT at lists.wsbarppt.com<mailto:WSBAPT at lists.wsbarppt.com>
http://mailman.fsr.com/mailman/listinfo/wsbapt
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Message: 3
Date: Mon, 10 Apr 2017 13:49:37 -0700
From: Michael Safren <msafren at gmail.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>, "WSBA
Probate & Trust Listserv" <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] LLLT Expansion Update
Message-ID:
<CACXQqyeHsRAETyQTk7M157V6KdrOB_xbvSw4-+OsAEGN4HqP5A at mail.gmail.com>
Content-Type: text/plain; charset="utf-8"
Hello Everyone:
RPPT learned late Friday afternoon that the Washington Supreme Court does
not intend to adopt the Estate and Healthcare practice area as an expansion
of the Limited License Legal Technician (?LLLT?) practice at this time.
The LLLT Board will continue to explore this and/or additional practice
areas, so we may need to address program expansion in the future. Thank
you to those of you who offered your comments on this issue.
Kind regards,
Michael Safren, Assistant Web Editor, RPPT section
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Message: 4
Date: Mon, 10 Apr 2017 14:04:44 -0700
From: MK Henderson <law.mkh at gmail.com>
To: "WSBA Probate & Trust Listserv" <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] LLLT Expansion Update
Message-ID:
<CAPQDcJoxhHSoEoTFCaqFVPXO+G1Dp3NjxotYCjOSkJKqqfSRAQ at mail.gmail.com>
Content-Type: text/plain; charset="utf-8"
Thank you for the great news and all your work on this. Mary
On Mon, Apr 10, 2017 at 1:49 PM, Michael Safren <msafren at gmail.com> wrote:
> Hello Everyone:
>
>
> RPPT learned late Friday afternoon that the Washington Supreme Court does
> not intend to adopt the Estate and Healthcare practice area as an expansion
> of the Limited License Legal Technician (?LLLT?) practice at this time.
> The LLLT Board will continue to explore this and/or additional practice
> areas, so we may need to address program expansion in the future. Thank
> you to those of you who offered your comments on this issue.
>
> Kind regards,
>
> Michael Safren, Assistant Web Editor, RPPT section
>
> _______________________________________________
> WSBAPT mailing list
> WSBAPT at lists.wsbarppt.com
> http://mailman.fsr.com/mailman/listinfo/wsbapt
>
--
Mary K. Henderson
Henderson Law Office PLLC
1123 Maple Ave SW, Suite 225
Renton, WA 98057
206-650-2472
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Message: 5
Date: Mon, 10 Apr 2017 14:10:41 -0700
From: Jim Doran <jim at doranlegal.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>, Real
Property Section <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] GR 17 format
Message-ID:
<CANk51bCFwWELGQGp4FhNY4pWXeDpsBO8OkmYm7GjwaTH7=vsBw at mail.gmail.com>
Content-Type: text/plain; charset="utf-8"
Could anyone share with me a WORD document for the GR 17 fax or email
pleading? Thabnk you in advance.
James R. Doran
Attorney at Law
100 E. Pine Street - Suite 205
Bellingham, WA 98225
(360)393-9506
jim at doranlegal.com
www.doranlegal.com
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Message: 6
Date: Mon, 10 Apr 2017 21:50:11 +0000
From: Lisa E Schuchman <lisa at lisaschuchman.com>
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Phone systems
Message-ID:
<CY4PR1601MB1302A86BA9BC6C171FD00B63D1010 at CY4PR1601MB1302.namprd16.prod.outlook.com>
Content-Type: text/plain; charset="us-ascii"
Has anyone used the VOIP phone system of Intermedia? They are Costco's chosen company for business phones. If you have used them and have an opinion, I'd appreciate hearing it.
Thanks.
Lisa E. Schuchman
206-960-4212
www.lisaschuchman.com<http://www.lisaschuchman.com/>
There are no passengers on spaceship earth. We are all crew. - Marshall McLuhan
NOTE: I do not use encrypted email. Messages sent to or from my office via email are not secure and may not be protected by attorney-client privilege. This email address is not monitored at all times. If your matter is urgent, please phone my office during regular business hours.
Any tax advice included in this document and its attachments was not intended or written to be used, and it cannot be used, for the purpose of avoiding penalties under the Internal Revenue Code.
P Please consider the trees before printing this document
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Message: 7
Date: Mon, 10 Apr 2017 15:10:37 -0700
From: Carmen Rowe <carmen at gryphonlawgroup.com>
To: wsbapt at lists.wsbarppt.com
Subject: Re: [WSBAPT] I need ideas - 1/2 community real property into
trust
Message-ID:
<CAMTVkhDyxvTAwAGTu_TvN=eLKcpEwyRag2jZNiLexsx7nUADNg at mail.gmail.com>
Content-Type: text/plain; charset="utf-8"
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
*Mailing address: *1673 S. Market Blvd. #202, Chehalis, WA 98532
*Olympia/Lacey office: *1415 College Street SE, Lacey, WA 98503
*Seattle office: *1001 4th Avenue, Suite 3200, Seattle, WA 98154
*We also offer virtual meeting options, and are often available to meet
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On Mon, Apr 10, 2017 at 12:00 PM, <wsbapt-request at lists.wsbarppt.com> wrote:
> Send WSBAPT mailing list submissions to
> wsbapt at lists.wsbarppt.com
>
> To subscribe or unsubscribe via the World Wide Web, visit
> http://mailman.fsr.com/mailman/listinfo/wsbapt
> or, via email, send a message with subject or body 'help' to
> wsbapt-request at lists.wsbarppt.com
>
> You can reach the person managing the list at
> wsbapt-owner at lists.wsbarppt.com
>
> When replying, please edit your Subject line so it is more specific
> than "Re: Contents of WSBAPT digest..."
>
>
> 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
> -------------- next part --------------
> An HTML attachment was scrubbed...
> URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/
> 20170410/bc08990a/attachment-0001.html>
>
> ------------------------------
>
> 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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> URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/
> 20170410/5ede7c3d/attachment-0001.html>
>
> ------------------------------
>
> 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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>
> ------------------------------
>
> _______________________________________________
> WSBAPT mailing list
> WSBAPT at lists.wsbarppt.com
> http://mailman.fsr.com/mailman/listinfo/wsbapt
>
> End of WSBAPT Digest, Vol 31, Issue 10
> **************************************
>
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Message: 8
Date: Mon, 10 Apr 2017 15:27:25 -0700
From: Jayne Gilbert <jgilbertatty at gmail.com>
To: "WSBA Probate & Trust Listserv" <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] LLLT Expansion Update
Message-ID:
<CAEkNtQ1s-rXQDy5Jntn-+Y8HgGOYUvOrVAem=i8qRKvV2kxdYQ at mail.gmail.com>
Content-Type: text/plain; charset="utf-8"
Whew!
On Mon, Apr 10, 2017 at 2:04 PM, MK Henderson <law.mkh at gmail.com> wrote:
> Thank you for the great news and all your work on this. Mary
>
> On Mon, Apr 10, 2017 at 1:49 PM, Michael Safren <msafren at gmail.com> wrote:
>
>> Hello Everyone:
>>
>>
>> RPPT learned late Friday afternoon that the Washington Supreme Court
>> does not intend to adopt the Estate and Healthcare practice area as an
>> expansion of the Limited License Legal Technician (?LLLT?) practice at this
>> time. The LLLT Board will continue to explore this and/or additional
>> practice areas, so we may need to address program expansion in the
>> future. Thank you to those of you who offered your comments on this issue.
>>
>> Kind regards,
>>
>> Michael Safren, Assistant Web Editor, RPPT section
>>
>> _______________________________________________
>> WSBAPT mailing list
>> WSBAPT at lists.wsbarppt.com
>> http://mailman.fsr.com/mailman/listinfo/wsbapt
>>
>
>
>
> --
> Mary K. Henderson
> Henderson Law Office PLLC
> 1123 Maple Ave SW, Suite 225
> Renton, WA 98057
> 206-650-2472 <(206)%20650-2472>
>
> _______________________________________________
> WSBAPT mailing list
> WSBAPT at lists.wsbarppt.com
> http://mailman.fsr.com/mailman/listinfo/wsbapt
>
--
*************************************************
Jayne Marsh Gilbert
Gilbert and Gilbert Lawyers, PS
(360) 336-9515
*************************************************
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Message: 9
Date: Mon, 10 Apr 2017 22:56:52 +0000
From: Thomas White <Thomas.H.White at KingCountyBusinessLaw.com>
To: "wsbapt at lists.wsbarppt.com" <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] LLCs for Rental Real Estate
Message-ID:
<DM5PR01MB2284111913AB5D2FA6B118C5DB010 at DM5PR01MB2284.prod.exchangelabs.com>
Content-Type: text/plain; charset="us-ascii"
Hi all-
I hope you're having a great afternoon.
What has your experience been with putting residential rental properties in LLCs? I am getting a few PC questions about it.
Are there any local banks or credit unions you have found particularly good about financing for residential rental properties held through LLCs? Or great management companies? What are the worst problems you've seen people run into or provisions you were really happy you had in the organizing documents?
Kind Regards,
--
Thomas H. White
(206) 552-8650
Attorney/Owner
King County Business Law
https://linkedin.com/in/LawGuy
Thomas.H.White at KingCountyBusinessLaw.com<mailto:Thomas.H.White at KingCountyBusinessLaw.com>
NOTICE: This message and related data is intended only for confidential use by the designated recipients. The information may be legally privileged and should not be disclosed without approval of the sender. If you have received this in error, please destroy this email and notify the sender immediately. Thank you for your assistance. Unless expressly stated herein, this communication is not to be used for avoiding federal tax penalties. IRS Circular 230.
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------------------------------
Message: 10
Date: Mon, 10 Apr 2017 23:04:20 +0000
From: "Neli Espe, J.D. - Olympic Legal" <neli at olympiclegal.com>
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Real Estate Contract - Recording - REET - Skagit
County
Message-ID: <032A7545-B1B5-4407-A782-13AB7BC28F35 at olympiclegal.com>
Content-Type: text/plain; charset="us-ascii"
Dear List-mates,
PNC, seller in a real estate contract, wants to record the contract and pay the REET, but county treasurer tells her she needs to record a QCD or SWD as well.
PNC is adamant that she will only do fulfillment deed when she gets all the payments on the contract.
My understanding is that REET is triggered on the signing of the contract, but could the real estate contract be recorded without the QCD or SWD?
Thanks for your help,
Neli
________________________________
Neli Espe, J.D. | Olympic Legal
2114 Commercial Ave., Anacortes, WA 98221
360.630.3635
Business | Real Estate | Estate Planning
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Message: 11
Date: Mon, 10 Apr 2017 23:17:01 +0000
From: Craig Gourley <craig at glgmail.com>
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Real Estate Contract - Recording - REET - Skagit
County
Message-ID:
<SN1PR12MB0877F4A0CD481B2D3651F297AE010 at SN1PR12MB0877.namprd12.prod.outlook.com>
Content-Type: text/plain; charset="us-ascii"
The REET is due on recording of the contract. No deed is required now and no deed should be recorded as it defeats the security purpose of the contract. Treasurer needs to stop giving legal advice. Especially when it is wrong. I have threatened (in writing) to sue the Snohomish County Treasurer more than once for their unauthorized practice of law for refusing to record unless we change excise tax affidavits to clearly erroneous WAC codes and changing the content of excise tax affidavits over my client's signature. The Treasurer's offices seem to have taken on a new role in the last few years.
Gourley Law Group
Snohomish Escrow
The Exchange Connection
1002 10th Street / PO Box 1091
Snohomish, WA 98291
360.568.5065
360.568.8092 fax
Craig at glgmail.com<mailto:Craig at glgmail.com>
From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Neli Espe, J.D. - Olympic Legal
Sent: Monday, April 10, 2017 4:04 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Real Estate Contract - Recording - REET - Skagit County
Dear List-mates,
PNC, seller in a real estate contract, wants to record the contract and pay the REET, but county treasurer tells her she needs to record a QCD or SWD as well.
PNC is adamant that she will only do fulfillment deed when she gets all the payments on the contract.
My understanding is that REET is triggered on the signing of the contract, but could the real estate contract be recorded without the QCD or SWD?
Thanks for your help,
Neli
________________________________
Neli Espe, J.D. | Olympic Legal
2114 Commercial Ave., Anacortes, WA 98221
360.630.3635
Business | Real Estate | Estate Planning
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Message: 12
Date: Mon, 10 Apr 2017 23:28:56 +0000
From: Eric Nelsen <Eric at sayrelawoffices.com>
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Real Estate Contract - Recording - REET - Skagit
County
Message-ID:
<8CF6ADB264BB704BB884B2ED9C1931D4018AD52FEC at SBS2011.SayreLawOffices.local>
Content-Type: text/plain; charset="us-ascii"
Yes, the fulfilment deed is never recorded until the contract is paid in full. Not sure what the treasurer is talking about. REET is paid when the contract is recorded, and then the fulfilment deed recites something "REET paid in full on [date], receipt #___________" on its face, so it can be recorded without paying tax later on.
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 Neli Espe, J.D. - Olympic Legal
Sent: Monday, April 10, 2017 4:04 PM
To: WSBA Probate & Trust Listserv
Subject: [WSBAPT] Real Estate Contract - Recording - REET - Skagit County
Dear List-mates,
PNC, seller in a real estate contract, wants to record the contract and pay the REET, but county treasurer tells her she needs to record a QCD or SWD as well.
PNC is adamant that she will only do fulfillment deed when she gets all the payments on the contract.
My understanding is that REET is triggered on the signing of the contract, but could the real estate contract be recorded without the QCD or SWD?
Thanks for your help,
Neli
________________________________
Neli Espe, J.D. | Olympic Legal
2114 Commercial Ave., Anacortes, WA 98221
360.630.3635
Business | Real Estate | Estate Planning
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Message: 13
Date: Mon, 10 Apr 2017 16:50:33 -0700
From: "Mike Winslow" <mike at winslegal.com>
To: "'WSBA Probate & Trust Listserv'" <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Real Estate Contract - Recording - REET - Skagit
County
Message-ID: <00d401d2b255$3f051e30$bd0f5a90$@winslegal.com>
Content-Type: text/plain; charset="us-ascii"
Ditto in Skagit County. Same kind of stuff. Have a letter on my desk ready
to go on one of these.
Michael A. Winslow
1204 Cleveland Ave.
Mount Vernon, WA 98273
Ph. 360-336-3321
Em. Mike at winslegal.com
This message is from an attorney, so it's confidential. If you are not the
intended recipient, it's too late to stop reading this message, but you may
not use it for any improper purpose. Huge Disclaimer available upon request.
From: wsbapt-bounces at lists.wsbarppt.com
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Craig Gourley
Sent: Monday, April 10, 2017 4:17 PM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Real Estate Contract - Recording - REET - Skagit
County
The REET is due on recording of the contract. No deed is required now and
no deed should be recorded as it defeats the security purpose of the
contract. Treasurer needs to stop giving legal advice. Especially when it
is wrong. I have threatened (in writing) to sue the Snohomish County
Treasurer more than once for their unauthorized practice of law for refusing
to record unless we change excise tax affidavits to clearly erroneous WAC
codes and changing the content of excise tax affidavits over my client's
signature. The Treasurer's offices seem to have taken on a new role in the
last few years.
Gourley Law Group
Snohomish Escrow
The Exchange Connection
1002 10th Street / PO Box 1091
Snohomish, WA 98291
360.568.5065
360.568.8092 fax
Craig at glgmail.com
From: wsbapt-bounces at lists.wsbarppt.com
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Neli Espe, J.D. -
Olympic Legal
Sent: Monday, April 10, 2017 4:04 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Real Estate Contract - Recording - REET - Skagit County
Dear List-mates,
PNC, seller in a real estate contract, wants to record the contract and pay
the REET, but county treasurer tells her she needs to record a QCD or SWD as
well.
PNC is adamant that she will only do fulfillment deed when she gets all the
payments on the contract.
My understanding is that REET is triggered on the signing of the contract,
but could the real estate contract be recorded without the QCD or SWD?
Thanks for your help,
Neli
________________________________
Neli Espe, J.D. | Olympic Legal
2114 Commercial Ave., Anacortes, WA 98221
360.630.3635
Business | Real Estate | Estate Planning
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Message: 14
Date: Tue, 11 Apr 2017 15:59:08 +0000
From: Heather deVrieze <heatherd at westseattlelaw.com>
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Real Estate Contract - Recording - REET - Skagit
County
Message-ID:
<CY4PR08MB2695D8EC3D71A1CDD6D45876A7000 at CY4PR08MB2695.namprd08.prod.outlook.com>
Content-Type: text/plain; charset="us-ascii"
If it is truly a Real Estate Contract, and NOT a Deed of Trust, they are wrong and your understanding that the fulfillment deed will be recorded when the contract is paid off in full is correct.
Heather
Heather S. de Vrieze
Attorney-at-Law
[cid:image001.jpg at 01D013C2.30F35160]
3909 California Avenue SW
Seattle, WA 98116-3705
(206)938-5500
heatherd at westseattlelaw.com<mailto:heatherd at westseattlelaw.com>
www.westseattlelaw.com<http://www.westseattlelaw.com/>
Click here to connect with de Vrieze | Carney on Facebook: [FB Logo] <https://www.facebook.com/DeVriezeCarney>
CONFIDENTIAL & PRIVILEGED. This e-mail message may contain legally privileged and/or confidential information. If you have received this e-mail in error, please notify the sender immediately and delete all copies of this e-mail message and any attachment.
From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Neli Espe, J.D. - Olympic Legal
Sent: Monday, April 10, 2017 4:04 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Real Estate Contract - Recording - REET - Skagit County
Dear List-mates,
PNC, seller in a real estate contract, wants to record the contract and pay the REET, but county treasurer tells her she needs to record a QCD or SWD as well.
PNC is adamant that she will only do fulfillment deed when she gets all the payments on the contract.
My understanding is that REET is triggered on the signing of the contract, but could the real estate contract be recorded without the QCD or SWD?
Thanks for your help,
Neli
________________________________
Neli Espe, J.D. | Olympic Legal
2114 Commercial Ave., Anacortes, WA 98221
360.630.3635
Business | Real Estate | Estate Planning
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Message: 15
Date: Tue, 11 Apr 2017 16:18:08 +0000
From: Paul Neumiller <pneumiller at hotmail.com>
To: "'WSBA Probate & Trust Listserv'" <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] LLCs for Rental Real Estate
Message-ID:
<CY1PR1101MB122516CA068190160DACF982D2000 at CY1PR1101MB1225.namprd11.prod.outlook.com>
Content-Type: text/plain; charset="windows-1252"
My clients buy the rental residential property in their names personally (because it?s not worth fighting the lending bank) and then transfer the property to their LLC a couple of months later. No problems yet.
[cid:image001.jpg at 01D2B2A4.83B1BD50]
From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Thomas White
Sent: Monday, April 10, 2017 3:57 PM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] LLCs for Rental Real Estate
Hi all?
I hope you?re having a great afternoon.
What has your experience been with putting residential rental properties in LLCs? I am getting a few PC questions about it.
Are there any local banks or credit unions you have found particularly good about financing for residential rental properties held through LLCs? Or great management companies? What are the worst problems you?ve seen people run into or provisions you were really happy you had in the organizing documents?
Kind Regards,
--
Thomas H. White
(206) 552-8650
Attorney/Owner
King County Business Law
https://linkedin.com/in/LawGuy
Thomas.H.White at KingCountyBusinessLaw.com<mailto:Thomas.H.White at KingCountyBusinessLaw.com>
NOTICE: This message and related data is intended only for confidential use by the designated recipients. The information may be legally privileged and should not be disclosed without approval of the sender. If you have received this in error, please destroy this email and notify the sender immediately. Thank you for your assistance. Unless expressly stated herein, this communication is not to be used for avoiding federal tax penalties. IRS Circular 230.
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Message: 16
Date: Tue, 11 Apr 2017 16:35:26 +0000
From: Randolph Petgrave <randgrave at msn.com>
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] LLLT Expansion Update
Message-ID:
<DM5PR12MB17236C4C2E033BC882034B30BB000 at DM5PR12MB1723.namprd12.prod.outlook.com>
Content-Type: text/plain; charset="utf-8"
This is great news. Thank you to everyone who made their voice heard. We must remain vigilant though, as I am sure this will come up again.
Sent from my iPhone
On Apr 10, 2017, at 3:36 PM, Jayne Gilbert <jgilbertatty at gmail.com<mailto:jgilbertatty at gmail.com>> wrote:
Whew!
On Mon, Apr 10, 2017 at 2:04 PM, MK Henderson <law.mkh at gmail.com<mailto:law.mkh at gmail.com>> wrote:
Thank you for the great news and all your work on this. Mary
On Mon, Apr 10, 2017 at 1:49 PM, Michael Safren <msafren at gmail.com<mailto:msafren at gmail.com>> wrote:
Hello Everyone:
RPPT learned late Friday afternoon that the Washington Supreme Court does not intend to adopt the Estate and Healthcare practice area as an expansion of the Limited License Legal Technician (?LLLT?) practice at this time. The LLLT Board will continue to explore this and/or additional practice areas, so we may need to address program expansion in the future. Thank you to those of you who offered your comments on this issue.
Kind regards,
Michael Safren, Assistant Web Editor, RPPT section
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--
Mary K. Henderson
Henderson Law Office PLLC
1123 Maple Ave SW, Suite 225
Renton, WA 98057
206-650-2472<tel:(206)%20650-2472>
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*************************************************
Jayne Marsh Gilbert
Gilbert and Gilbert Lawyers, PS
(360) 336-9515
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Message: 17
Date: Tue, 11 Apr 2017 16:40:41 +0000
From: Bryce Dille <BryceD at cdb-law.com>
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] LLCs for Rental Real Estate
Message-ID:
<B3982DA158E09443BF4EE7AD2BB58257944D3AD6 at CDBS-SBS.cdb-law.local>
Content-Type: text/plain; charset="us-ascii"
It is still a violation of the "do not transfer without lender's consent" provision and on several occasions I advised the client of the risk of transfer without consent of lender but thay did it anyway and Lender sent notice of default so then had to transfer it back fortunately I had told then of that consequence.
From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Paul Neumiller
Sent: Tuesday, April 11, 2017 9:18 AM
To: 'WSBA Probate & Trust Listserv'
Subject: Re: [WSBAPT] LLCs for Rental Real Estate
My clients buy the rental residential property in their names personally (because it's not worth fighting the lending bank) and then transfer the property to their LLC a couple of months later. No problems yet.
[cid:image002.jpg at 01D2B2A7.BE9DA250]
From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Thomas White
Sent: Monday, April 10, 2017 3:57 PM
To: wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] LLCs for Rental Real Estate
Hi all-
I hope you're having a great afternoon.
What has your experience been with putting residential rental properties in LLCs? I am getting a few PC questions about it.
Are there any local banks or credit unions you have found particularly good about financing for residential rental properties held through LLCs? Or great management companies? What are the worst problems you've seen people run into or provisions you were really happy you had in the organizing documents?
Kind Regards,
--
Thomas H. White
(206) 552-8650
Attorney/Owner
King County Business Law
https://linkedin.com/in/LawGuy
Thomas.H.White at KingCountyBusinessLaw.com<mailto:Thomas.H.White at KingCountyBusinessLaw.com>
NOTICE: This message and related data is intended only for confidential use by the designated recipients. The information may be legally privileged and should not be disclosed without approval of the sender. If you have received this in error, please destroy this email and notify the sender immediately. Thank you for your assistance. Unless expressly stated herein, this communication is not to be used for avoiding federal tax penalties. IRS Circular 230.
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Message: 18
Date: Tue, 11 Apr 2017 09:51:33 -0700
From: "J Richard McEntee, Jr." <jrmcentee at gmail.com>
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] testamentary trust -- adult child beneficiary;
trustee conflict?
Message-ID: <A16CDFF2-02DD-4B3C-AE74-2E4C357522D7 at gmail.com>
Content-Type: text/plain; charset="utf-8"
Hello
I have a client who has an estate that is worth approximately $750,000.00. Client has 3 adult children all approximately 50 years old. One of the children is not financially responsible and if paid outright, would certainly spend his share of the inheritance quickly. The client would like to have one of the other children manage the irresponsible child?s share and make regular distributions to the irresponsible child. Perhaps as frequently as weekly. The client would like to be sure that the irresponsible child has some money to spend during the child?s lifetime but protects the assets from the child and his creditors. If someone has language to share that would be great.
Related to the choice of trustee. As the irresponsible child has no heirs, any unspent trust principal would be paid to the other two children (or their heirs) as contingent/remainder beneficiaries. This being the case, I have a concern related to a contingent beneficiary acting as trustee. If the trustee has a large amount of discretion related to distribution of trust assets, I can see issues where the trustee could be accused of managing the trust for her own benefit or the benefit of her heirs, i.e. not paying enough to the irresponsible brother. I would be interested in suggestions related to how handle this situation.
How concerned should I be that a contingent beneficiary is appointed trustee? Is the conflict too great or does the settlor?s preference override? It would seem that a professional trustee would be expensive than the situation would merit. Are the other ways to handle this? i.e. the trust language provide less discretion to the trustee?
Thanks
Rich
RICH McENTEE
McENTEE LAW OFFICE
3800 Bridgeport Way W, Ste A411
University Place, WA 98466
253.227.9894(m)
jrmcentee at gmail.com
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Message: 19
Date: Tue, 11 Apr 2017 16:57:29 +0000
From: Derek Jensen <derek at jensenestatelaw.com>
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Thoughts on clio for an estate planning/probate
attorney
Message-ID:
<DM3PR12MB0826BA1DE85DCCC4AF412A9BB9000 at DM3PR12MB0826.namprd12.prod.outlook.com>
Content-Type: text/plain; charset="us-ascii"
Hi Sarah,
Over the years I have used/evaluated a number of different systems. I suggest you look into CaseFox. I like its price, but what originally drew me to it was its legal billing capabilities including integration with LawPay, Quickbooks & Xero. I use it for billing and tracking my IOLTA account; however, it has a number of other case management features. I
Sincerely,
Derek W. Jensen, JD, LLM
Managing Attorney
[New Logo.tif]
Jensen Law Office, PLLC
1833 N 105th St., Suite 301
Seattle, WA 98133
Tel: 206-547-1412
Fax: (206) 770-6524
8201 164th Ave NE, Suite 200
Redmond, WA 98052
Tel: (425) 698-2214
Find us on the web at: www.jensenestatelaw.com<http://www.jensenestatelaw.com/>
NOTICE: This e-mail message and all attachments transmitted with it may contain legally privileged and confidential information intended solely for the use of the addressee. If you are not the intended recipient, you are hereby notified that any reading, dissemination, distribution, copying, or other use of this message or its attachments is strictly prohibited. If you have received this message in error, please notify the sender immediately by electronic mail or by telephone (206) 547-1412 and delete this message and any copies or backups. Thank you.
From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Sarah Jael Dion
Sent: Friday, April 7, 2017 3:48 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Thoughts on clio for an estate planning/probate attorney
Thanks, Jeff Winter and Krista MacLaren! Very helpful! Have a great weekend!
Sarah Jael Dion
Dion Law PLLC
206-550-4005
sarah at dionlaw.com<mailto:sarah at dionlaw.com>
dionlaw.com
This message is private or privileged. If you are not the person for whom this message is intended, please notify me immediately and delete the message. Please do not copy or send this message to anyone else.
On Apr 7, 2017, at 12:57 PM, jeffrey winter <jdwinter at hotmail.com<mailto:jdwinter at hotmail.com>> wrote:
Everyone's needs are different -- I seem to be getting by with Google drive just fine. if what you are looking for is a cloud-based system for file management, you may check that out. I tried Clio, but it seemed like overkill for what I needed. I'm also solo estate planning/probate/transactions.
Jeff Winter
Law Office of Jeffrey D. Winter, P.S.
604 N. Main St.
Ellensburg, WA 98926
________________________________
From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> on behalf of Krista MacLaren <kjm.inc at mac.com<mailto:kjm.inc at mac.com>>
Sent: Friday, April 7, 2017 10:10 AM
To: wsba probate & trust
Subject: Re: [WSBAPT] Thoughts on clio for an estate planning/probate attorney
Sarah,
I also do exclusively estate planning and probate, and I'm a solo, no staff or anything. I tried Clio and it was fine, I don't recall why I decided against it. I preferred CosmoLex, which I have used for several years now, and I am still very happy with it. One thing I prefer about CosmoLex is that I didn't like using Quickbooks (My Mac version was quite old, and I was being forced to move to the online version which I had heard negative things about), and CosmoLex has its own built-in accounting system that works really well. I did recently start using a bookkeeper who is certified with CosmoLex, and she cleaned up my chart of accounts and fixed entries that I had done that weren't accurate from an accounting perspective. I still probably spend too much time on administrative things, but I would never give up CosmoLex (or practice management software of some kind) while continuing my practice. CosmoLex, like Clio (or so I hear), also has excellent customer service.
Krista J. MacLaren
Attorney at Law
Northgate Executive Center II
9725 3rd Ave NE, Suite 600
Seattle, WA 98115
(206)523-6116
kjm.inc at mac.com<mailto:kjm.inc at mac.com>
Please note, as with most email providers, Mac does not encrypt email messages. Accordingly, the confidentiality of messages sent to this address cannot be assured. This e-mail is intended for viewing only by the individual or entity to whom its content is addressed, and it may contain confidential or privileged information. If you received this email in error, please honor the privacy of the intended recipient: reply to the sender regarding the error and delete the message.
> On Apr 7, 2017, at 9:08 AM, Sarah Jael Dion <sarah at dionlaw.com<mailto:sarah at dionlaw.com>> wrote:
>
> Hi all-
>
> I'm in my third year of a solo practice, and find myself spending more time than I should be on administrative tasks. Are there any estate planning/probate attorneys here who use clio to manage their practice?
>
> Are people happy with it? Are there hidden costs? What's the downside?
>
> I would be very grateful for thoughts, positive or negative.
>
> I am quite sure this has been discussed previously, but my searches of the archives didn't pull anything up!
>
> Thanks!!
>
> Sarah Jael Dion
>
> Dion Law PLLC
> 206-550-4005
> sarah at dionlaw.com<mailto:sarah at dionlaw.com>
> dionlaw.com<http://dionlaw.com/>
>
> This message is private or privileged. If you are not the person for whom this message is intended, please notify me immediately and delete the message. Please do not copy or send this message to anyone else.
>
>
>
>
>
>
>
> _______________________________________________
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WSBAPT is a discussion group for Washington State estate planning, probate and trust administration practitioners. In this group participants can share questions and ...
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WSBAPT at lists.wsbarppt.com<mailto:WSBAPT at lists.wsbarppt.com>
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WSBAPT Info Page - mailman.fsr.com<http://mailman.fsr.com/mailman/listinfo/wsbapt>
mailman.fsr.com<http://mailman.fsr.com/>
WSBAPT is a discussion group for Washington State estate planning, probate and trust administration practitioners. In this group participants can share questions and ...
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Message: 20
Date: Tue, 11 Apr 2017 17:15:43 +0000
From: Paul Neumiller <pneumiller at hotmail.com>
To: "'WSBA Probate & Trust Listserv'" <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] LLCs for Rental Real Estate
Message-ID:
<CY1PR1101MB12251A9C15DD8B02E6820BBFD2000 at CY1PR1101MB1225.namprd11.prod.outlook.com>
Content-Type: text/plain; charset="windows-1252"
Your clients? lending banks are much more diligent than my clients? lending banks.
[cid:image001.jpg at 01D2B2AC.8DD60C20]
From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Bryce Dille
Sent: Tuesday, April 11, 2017 9:41 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] LLCs for Rental Real Estate
It is still a violation of the ?do not transfer without lender?s consent? provision and on several occasions I advised the client of the risk of transfer without consent of lender but thay did it anyway and Lender sent notice of default so then had to transfer it back fortunately I had told then of that consequence.
From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Paul Neumiller
Sent: Tuesday, April 11, 2017 9:18 AM
To: 'WSBA Probate & Trust Listserv'
Subject: Re: [WSBAPT] LLCs for Rental Real Estate
My clients buy the rental residential property in their names personally (because it?s not worth fighting the lending bank) and then transfer the property to their LLC a couple of months later. No problems yet.
[cid:image002.jpg at 01D2B2AC.8DD60C20]
From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Thomas White
Sent: Monday, April 10, 2017 3:57 PM
To: wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] LLCs for Rental Real Estate
Hi all?
I hope you?re having a great afternoon.
What has your experience been with putting residential rental properties in LLCs? I am getting a few PC questions about it.
Are there any local banks or credit unions you have found particularly good about financing for residential rental properties held through LLCs? Or great management companies? What are the worst problems you?ve seen people run into or provisions you were really happy you had in the organizing documents?
Kind Regards,
--
Thomas H. White
(206) 552-8650
Attorney/Owner
King County Business Law
https://linkedin.com/in/LawGuy
Thomas.H.White at KingCountyBusinessLaw.com<mailto:Thomas.H.White at KingCountyBusinessLaw.com>
NOTICE: This message and related data is intended only for confidential use by the designated recipients. The information may be legally privileged and should not be disclosed without approval of the sender. If you have received this in error, please destroy this email and notify the sender immediately. Thank you for your assistance. Unless expressly stated herein, this communication is not to be used for avoiding federal tax penalties. IRS Circular 230.
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