[WSBAPT] Deed Funding RLT

[John J. Sullivan]

Michael:

Odd. Have you seen the deed that conveyed to her originally? Does it contain limitations?

Was she married when she funded the RLT? Was there consideration for limiting her ability to convey outside the family? A completed gift of everything other than the special power? 

Typo?

Inartful drafting?

John J. Sullivan

Sent from my iPhone

> On Jun 20, 2018, at 5:21 PM, Mike Winslow <mike at winslegal.com> wrote:
> 
> 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
>  
> This message is from an attorney, so it’s confidential. If you are not the intended recipient, it’s too late to stop reading this message, but you may not use it for any improper purpose. Huge Disclaimer available upon request.
>  
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