[WSBAPT] Deed Funding RLT

Mike Winslow mike at winslegal.com
Wed Jun 20 17:21:56 PDT 2018


Client brought in their Revocable Living Trust for some amendments.
Typically, I will audit the trust assets to make sure the trust was properly
funded by prior counsel and to cover intervening transfers.
The QC Deed used to  transfer family home to RLT has the following language
in it:
 
Smith, Grantor, inconsideration of Love and Affection, reserving a special
power of appointment to convey real estate herein only to her lineal
descendent heirs, conveys and quit claims to SMITH Family Trust U/A Date,
the following described property blah blah.
 
 
Deed prepared by attorney which drafted the RLT for client.
Would someone with more knowledge than I have explain what the purpose is of
reserving this power of appointment?
Since the RLT is fully revocable and assets may be transferred out of the
trust at will, I do not see the purpose of this clause.
And to our resident title attorney, do you see any issue with this
reservation clouding title?
 
Michael A. Winslow
1204 Cleveland Ave.
Mount Vernon, WA 98273
Ph. 360-336-3321
Em. Mike at winslegal.com
 
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