[WSBAPT] Deed Funding RLT

[Paul Grant]

I think it is ancillary and unneeded wording on the deed.  The POA would
have/should have been preserved to the trustee (or appropriate person) in
the trust, not on the deed.  I'm thinking that could ultimately confuse a
title company as well.

Paul H. Grant

On Wednesday, June 20, 2018, 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.
>
>
>


-- 

Paul H. Grant - JD, LL.M

Planning with Purpose, Inc
Lynnwood, WA 98036
425-939-9948
www.planningwithpurposeinc.com

Estate Planning. Business Planning. Wealth Succession.
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