[WSBAPT] re-recording a deed

[Eric Nelsen]

I would do it in two steps, to get it out of the trust, then do a new TOD deed. The TOD law is untested and I would steer clear of any shortcut lest it end up being a test case to court of appeals.

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 J Richard McEntee, Jr.
Sent: Monday, May 08, 2017 4:43 PM
To: WSBA Probate & Trust Listserv
Subject: [WSBAPT] re-recording a deed

Hello,

I have a client who was advised several months ago to create a revocable living trust and to deed real property to the trust. She has now changed her mind and wants, instead to create a transfer on death deed to handle the disposition of the property.

At this point, a deed was recorded transferring title to the trust as opposed to the trustee of the trust. Client is the trustee. I am attempting to determine the most efficient way to clear up the situation and have title in the status of Transfer of Death. Should she re-record the deed to correct the defect and transfer title to the trustee; then have the trustee transfer title back to the client; who can then create a transfer on death deed? Is there a short cut that will save document drafting and recording fees? Could I re-record the deed to reflect the client and the pay on death beneficiary as the grantee instead of the trust?

Please share your thoughts?

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<mailto:jrmcentee at gmail.com>

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