[WSBAPT] Referral for Arizona land transfer on death deed (equivalent)

[Mark Mullins]

Listmates:

I'm mainly looking for a referral. Paragraphs 2 and 3 are only for saints.

1. Can  you suggest an attorney licensed in Arizona (whether or not in Washington) who can prepare a TOD Deed (which Arizona calls a "Beneficiary Deed") for a Washington client of mine so two parcels can transfer on death to a named beneficiary?

2. Since the client would like to dispense with having a living trust, I am looking at having a testamentary trust trustee or PR as beneficiary, I welcome any comments.

3. Regarding paragraph #2 above, the issues I'm considering are as follows, but I expect no input here if you find the remarks amateur or overwrought.

3.1 I am wondering if a PR of the Estate or a trustee of a Testamentary Trust could be the deed beneficiary, so the property can be disposed of by the PR (or Testamentary Trustee) pursuant to probating the Will. Under RCW 11.12.250, though most clearly only by implication from the statute (for example the "A gift may be made by a will to . . . a trust executed by any . . . testator" and the negative statutory language "[u]nless the will provides otherwise, the property so given shall not be deemed to be held under a testamentary trust . . . "), it appears a Testamentary Trust comes immediately into existence upon death.

3.2 The Arizona statute allows a trustee as beneficiary. But I'm wondering if a trust or trustee exist, pursuant to a Washington situs testamentary trust, at the moment the Arizona deed interest vests by virtue of death. Does it matter when an able and willing nominated trustee accepts the job?

3.3 If using a testamentary trust, perhaps I should provide that it is immediately funded with a nominal amount (e.g. $1.00). But would it be a problem if the first nominated trustee is unable to serve(e.g. by death) at the testator's death?

Mark Mullins

206 South Lincoln Street, Suite 205
Port Angeles, WA 98362
Telephone: (360)457-7223
mullinslaw at msn.com<mailto:mullinslaw at msn.com>
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