[WSBAPT] Client moved out of state to an assisted living facility without contacting me

[Jeff Davis]

If the client is lucid, why not have him sign a transfer on death deed
giving his son the Washington property?

 

Jeff Davis

 

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com>
On Behalf Of Anthony Vivenzio
Sent: Wednesday, August 29, 2018 2:54 PM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Client moved out of state to an assisted living facility
without contacting me

 

Listmates,

A client of ours was residing in our local assisted living facility.  We had
drafted a revocable living trust and a pourover will, which he executed.  He
owned real property in Colorado in addition to Washington.  To avoid the
necessity of an ancillary probate in CO, we placed that property into the
trust.  As it seemed he had limited time to live, and his mental facilities
passed in and out of lucidity, his local residence was not placed in the
trust, but is the subject of a specific bequest in his will.  We had not yet
placed it in the trust as the client and his son were considering some kind
of financial arrangement like a reverse mortgage that would be funded by his
son in order to help the client with his finances.  About a week ago, his
family brought him to a facility in CO, which he had been considering.  I
would appreciate your thoughts in terms of what I should consider doing at
the point as he will be living in CO for the rest of his life.  He possesses
all his original documents.  He wants his son to inherit his home in WA.  Is
it an option that during a period of lucidity in CO, he could execute a deed
transferring his WA property into the trust to avoid an ancillary probate in
WA?  Would he be considered a resident of CO now for purposes initiating a
probate and trust administration process?  Your thoughts would be
appreciated as I have never had a case like this before.  Thank you.

 

 

Anthony D. Vivenzio,

Attorney and Counselor at Law

PO Box 208

540 Guard Street, Ste. 260

Friday Harbor, WA  98250

(360) 378-6860

vivenziolaw at rockisland.com <mailto:vivenziolaw at rockisland.com> 

 

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