[WSBAPT] Listserve Q

[Rod Harmon]

Rich:
That was so well said I am going to include it in a footnote to a motion for reconsideration I am filing in the court of appeals.  Haven’t figured out what to cite as authority, though.

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<http://www.rodharmon.com>
   rodharmon at msn.com<mailto:rodharmon at msn.com>




From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Rich McEntee
Sent: Thursday, June 21, 2018 10:21 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Listserve Q

Rod

It is not really a title company issue as much as a legal issue that title companies often catch.

The creation of a trust involves the separation of rights to the trust property — the title to trust property is split between the trustee and the beneficiaries. The trustee holds legal title to the property and the beneficiaries hold equitable title. As the trustee holds legal title to the property, the property is held in the trustee's name. The trust is not a legal entity that can hold properly. It is simply a name/term that denotes the relationship between the grantor and the trustee. Thus, when it is said that property is being transferred to a trust, what is really meant is that property is being transferred to a trustee to be held “in trust” for the benefit of someone else.

Regards
Rich

Rich McEntee
McEntee Law Office
3800 Bridgeport Way W Ste A411
University Place, WA  98466
253.227.9894<tel:253.227.9894>
jrmcentee at gmail.com<mailto:jrmcentee at gmail.com>




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On Jun 21, 2018, at 9:10 PM, John J. Sullivan <sullaw at comcast.net<mailto:sullaw at comcast.net>> wrote:
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