[WSBAPT] re-recording a deed

[MK Henderson]

I would call a title company. I recently ran into a similar situation.
Title didnt see a conflict with the transfer being to trust rather than
trustee as long as trustee was on title to begin with. They preferred that
i create one deed. Plus with Todd there is no requirement for reet
affidavit.


On Monday, May 8, 2017, Eric Nelsen <Eric at sayrelawoffices.com> wrote:

> 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
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>
>
> *From:* wsbapt-bounces at lists.wsbarppt.com
> <javascript:_e(%7B%7D,'cvml','wsbapt-bounces at lists.wsbarppt.com');>
> [mailto:wsbapt-bounces at lists.wsbarppt.com
> <javascript:_e(%7B%7D,'cvml','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 <javascript:_e(%7B%7D,'cvml','jrmcentee at gmail.com');>
>
>
>
>


-- 
Mary K. Henderson
Henderson Law Office PLLC
1123 Maple Ave SW, Suite 225
Renton, WA 98057
206-650-2472
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