[WSBAPT] Removal of RP from RLT as TOD - One Recording or Two?

[Heather deVrieze]

John,

This is exactly the type of situation where I would call my favorite title insurance company and ask them what would work for insurance purposes when it comes to them for review, years down the road.

If the RLT is no longer holding the property, is it going to remain in existence? If not, it may be difficult to produce copies for title later when they are examining whether the trustee had authority to execute a TODD.

Heather

Heather S. de Vrieze
Attorney-at-Law
[cid:image001.jpg at 01D013C2.30F35160]
3909 California Avenue SW
Seattle, WA 98116-3705
(206)938-5500
heatherd at westseattlelaw.com<mailto:heatherd at westseattlelaw.com>
www.westseattlelaw.com<http://www.westseattlelaw.com/>
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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of sullaw at comcast.net
Sent: Monday, September 18, 2017 10:18 AM
To: Listserv, WSBA <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Removal of RP from RLT as TOD - One Recording or Two?

Listmates:

I have a client who wants to remove her condo from her revocable trust and/or establish it as TOD to her child at her death.

Is there a way to accomplish the TOD objective without two recordings (incurring two recording fees)?

Can I have her, as trustee, quitclaim the condo out to herself in distribution and simultaneously convert her ownership to the TOD form in a single deed?

Or, can the trustee, at her direction as grantor record a TOD deed, retaining title in the name of the RLT?

Or, do I have to quitclaim out to the grantor, who then records a second TOD deed?

It seems silly to require two recordings in this case.


Best regards,

John J. Sullivan,

Attorney



Lyons | Sullivan

10655 NE 4th Street, Suite 704

Bellevue, WA  98004

425·451·2400 tel 425-451-7385 fax

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