[WSBAPT] Trust transfer of property w/o Probate?

[Setareh Mahmoodi]

Linda,

If the son is the heir in the RLT then the property would go to him after
the dad's death if that's what the terms of the RLT are. You just need to
make sure that the property is properly deeded to the RLT. Pull the
recordings yourself to be sure.

A transfer on death deed is another instrument that can be used. RCW 64.80.
Title companies don't love this option, and usually like to see a
corresponding clause in the Will that confirms the transfer. They will most
likely require a lack of probate affidavit form.

Side note: if you are advising him on the RLT make sure that it is set up
correctly and that he has a certificate of trust etc. A few years ago, I
had a client who had also set up his own RLT, after reviewing it, it was
invalid and incorrectly done. He needs to make sure that any property he
owns or will own in the future is properly deeded to the RLT if he wants to
avoid probate. It's a good idea to have a pour over Will as well if he
doesn't already.

Setareh



On Tue, Jan 10, 2017 at 11:31 AM, MK Henderson <law.mkh at gmail.com> wrote:

> He can create a Transfer on Death Deed that would transfer upon his
> death.  If he created the trust himself did he put the real property into
> the trust?
>
> On Tue, Jan 10, 2017 at 11:08 AM, Kameron Cayce <kam at caycegrove.com>
> wrote:
>
>> Linda, If the house is in the RLT (i.e. Has been deeded to the trust),
>> the named successor trustee just deeds to the named heir. Son would have to
>> be named as that heir in the RLT.
>>
>>
>>
>> *From:* wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.w
>> sbarppt.com] *On Behalf Of *burchettlaw at yahoo.com
>> *Sent:* Tuesday, January 10, 2017 10:37 AM
>> *To:* WSBA Probate & Trust Listserv
>> *Subject:* [WSBAPT] Trust transfer of property w/o Probate?
>>
>>
>>
>> Hi All,
>>
>>
>>
>> We have a client with revocable living trust that he made himself.  He
>> wants to know whether there is anything he can add in addition to his
>> current trust, where property can pass to his son without having to go
>> through probate. Or is there a deed or instrument that he can use in the
>> trust to transfer his house (that is free and clear) to his son, without
>> involving the court system after he passes?
>>
>>
>>
>> Best Regards,
>>
>>
>>
>> Linda
>>
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>>
>
>
>
> --
> Mary K. Henderson
> Henderson Law Office PLLC
> 1123 Maple Ave SW, Suite 225
> Renton, WA 98057
> 206-650-2472 <(206)%20650-2472>
>
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-- 

Please always call 206-683-1006 or email before dropping by the office as I
could be in court or meetings. Thanks!

*Best regards, *


*Setareh Mahmoodi *

*Attorney at Law *

*18222 104th Ave NE, Suite 103*

*Bothell, WA 98011*

*Phone: 425-806-1500*

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