[WSBAPT] re-recording a deed

[Paul Grant]

My instinct is to agree with Eric and take it in two steps.  Then I saw the
second comment so I went to the statute and saw "Person" defined as an
individual.... trust, etc (RCW 64.80.010).  I thought, great, a trust can
be a person.  But the term "person" is only used when referring to a
beneficiary and the word "individual" is used everywhere else.  As such, I
would suggest you take the deed out of trust and give it back to the
individual (record, reet, etc), then do a second step and record the
beneficiary deed.

Based off of the language of the statute it would be my opinion that only
an individual can utilize the ben deed so better to be safe with a new
statute as Eric stated.


Paul H. Grant - JD, LL.M

Planning with Purpose, Inc
Lynnwood, WA 98036
425-939-9948
www.planningwithpurposeinc.com

Estate Planning. Business Planning. Wealth Succession.

On Mon, May 8, 2017 at 4:43 PM, J Richard McEntee, Jr. <jrmcentee at gmail.com>
wrote:

> 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 <(253)%20227-9894>(m)
> jrmcentee at gmail.com
>
>
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