[WSBAPT] re-recording a deed

[Setareh Mahmoodi]

Agreed. I ran this issue before by a CLE panel and a title company and got
the same responses.

Setareh

On May 9, 2017 9:03 AM, "Heather deVrieze" <heatherd at westseattlelaw.com>
wrote:

> I agree with Paul and Eric. Only an individual can execute a TOD deed,
> because individuals have deaths, and trusts don’t. It is the same reason
> you can’t name a TOD beneficiary on brokerage accounts held in a trust, and
> why an Individual Retirement Account cannot be held by a trust.
>
>
>
> Heather
>
>
>
> Heather S. de Vrieze
> *Attorney-at-Law*
>
> *[image: cid:image001.jpg at 01D013C2.30F35160]*
>
> 3909 California Avenue SW
>
> Seattle, WA 98116-3705
>
> (206)938-5500 <(206)%20938-5500>
>
> heatherd at westseattlelaw.com
>
> www.westseattlelaw.com
>
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> *From:* wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.
> wsbarppt.com] *On Behalf Of *Paul Grant
> *Sent:* Tuesday, May 09, 2017 7:07 AM
> *To:* WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> *Subject:* Re: [WSBAPT] re-recording a deed
>
>
>
> 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 <(425)%20939-9948>
> 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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