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

Wed Jan 11 10:10:21 PST 2017

I have never had a title company require a non-probate affidavit to
validate a conveyance by transfer on death deed, so do not assume this will
be required.

And remember that a trust is not really a separate legal entity, so a
conveyance "to the trust" is ineffective.  The conveyance must be to "John
Doe, Trustee of the John Doe Trust.".

On Tue, Jan 10, 2017 at 3:20 PM, Setareh Mahmoodi <
mahmoodi.setareh at gmail.com> wrote:

> 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
>>>
>>> _______________________________________________
>>> 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
>>
>
>
>
> --
>
> Please always call 206-683-1006 <(206)%20683-1006> 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 <(425)%20806-1500>*
>
> *Cell: 206-683-1006 <(206)%20683-1006>*
>
> *Fax: 425-489-4142 <(425)%20489-4142> (Please email documents if at all
> possible) *
>
> *Website: **http://www.lawofficesofsm.com/
> <http://www.lawofficesofsm.com/>*
>
>
> *CONFIDENTIALITY NOTICE:* This email message and any attachments is a
> transmission from the law firm and is intended for the recipient only.
> It may contain information that is confidential and legally protected by
> the attorney-client, work product and/or other privileges.  If you are not
> the designated or intended recipient, please destroy the message without
> disclosing any of its contents and notify us immediately by reply email or
> by calling (425) 806-1500.
>
> Pursuant to U.S. Treasury Department Regulations, we are now required to
> advise you that, unless otherwise expressly indicated, any federal tax
> advice contained in this communication, including attachments and
> enclosures, is not intended or written to be used, and may not be used, for
> the purpose of (i) avoiding tax-related penalties under the Internal
> Revenue Code or (ii) promoting, marketing or recommending to another party
> any tax-related matters addressed herein.
>
> _______________________________________________
> WSBAPT mailing list
> WSBAPT at lists.wsbarppt.com
> http://mailman.fsr.com/mailman/listinfo/wsbapt
>

-- 
Teunis J. Wyers @ Wyers|Wyers, Attorneys
Oregon Office:
     216 Columbia St. - P.O. Box 917
     Hood River, OR 97031
     (541)386-2210/610-1520 (fax)
Washington Office:
     218 E. Steuben St. - P. O. Box 421
     Bingen, WA  98605
     (509) 493-2772/493-2406 (fax)
Email:  teunisj at wyerslawpc.com
Web:  www.wyerslawpc.com

NOTICE:  This email (including any attachments) is covered by the
Electronic Communications Privacy Act (EPCA), 18 U.S.C., Sec. 2510 - 2522,
is confidential and privileged.  This email is solely for the personal and
confidential use of the recipient(s) named above.  Receipt by anyone other
than the individual recipient(s) is NOT a waiver of attorney-client
privilege.  Any violation of the ECPA is subject to the penalties stated
therein. If you have received this message in error, please notify me
immediately by reply e-mail and immediately delete the original message.
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20170111/58ab2867/attachment.html>