[WSBAPT] Listserve Q

[John McCrady]

A trust is not an entity capable of holding title to real estate, it is the trustee who holds title (in trust, for the benefit of a third party or parties.)

When we consider the nature of a trust (the holding of title by one person for the benefit of another), it makes sense that the title must be conveyed to the trustee.  The trust is not an entity, it is a relationship between the trustor, the trustee and the beneficiary, which relationship is governed by the trust instrument.

John McCrady
Counsel
Puget Sound Title Company
5350 Orchard Street West
University Place WA 98467
253-476-5721
j.mccrady at pstitle.com

-----Original Message-----
From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Rod Harmon
Sent: Thursday, June 21, 2018 8:47 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Listserve Q

Why do the title companies take the position that a deed to the Trust is not sufficient?

Rod Harmon
 
RODNEY T. HARMON
       Attorney at Law
         P.O. Box 1066
      Bothell, WA   98041
     Tel:   (425) 402-7800
     Fax:  (425) 458-9096
    www.rodharmon.com
   rodharmon at msn.com




-----Original Message-----
From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Mike Winslow
Sent: Wednesday, June 20, 2018 6:28 PM
To: 'Linda Lysne' <linda at bkb-law.com>
Cc: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Listserve Q

Hoooboy, I knew that, but did not even think about it because I was focused on the reservation of the power issue. Good reminder, Linda.
On John Sullivan's post, none of the issues he raises apply. Not married when funding; nothing in prior deed; no known basis for reserving the power.
Since it is late in the day, if no one else suggests a basis for reserving the power in the next 24 hours, I think I will prepare a deed correcting the earlier attempt at conveyance.

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.

-----Original Message-----
From: Linda Lysne [mailto:linda at bkb-law.com]
Sent: Wednesday, June 20, 2018 5:51 PM
To: Mike at winslegal.com
Subject: Listserve Q

Hi Mike, and remember, that deed should be issued to the trustee, not the trust. I have had title companies tell me it's an ineffective transfer if it's to the trust and most times the Auditors office will catch it before it is recorded.

Good luck,

Linda Lysne
Attorney/CPA
Tacoma WA
C: 253.431.0520


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