[WSBAPT] Listserve Q

[Tom Westbrook]

John,

Understanding the Trustee is the one who holds title, I've always wondered
what happens when that Trustee is deceased. Will the title company simply
take a death certificate and the Trust document to issue title insurance
in name of the successor Trustee?

Sincerely,

Tom

Thomas J. Westbrook
Attorney at Law


Rodgers Kee Card & Strophy, P.S.
324 West Bay Drive NW, Suite 201
Olympia, Washington  98502

Phone: 360-352-8311
Facsimile: 360-352-8501
Email: tjw at buddbaylaw.com
Skype: thomas.westbrook
www.buddbaylaw.com

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-----Original Message-----
From: wsbapt-bounces at lists.wsbarppt.com
<wsbapt-bounces at lists.wsbarppt.com> On Behalf Of John McCrady
Sent: Friday, June 22, 2018 8:59 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Listserve Q

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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