[WSBAPT] Question re: Encumbered Title to Probate Asset

[Mike Winslow]

Suggest you determine if there is a “pour over” will that directs any “missed asset” to the RLT? If so, determine validity of will. 
 
If a prior will or intestate succession is controlling, then the issue of the Trust may be moot.
 
Second line of inquiry is with a title company to see how they would treat the invalid deed in the event of a sale of the property to a third party. If the title company takes the position that the deed clouds the title, then you will need to take action to set aside the deed.
 
Michael A. Winslow
1204 Cleveland Ave.
Mount Vernon, WA 98273
Ph. 360-336-3321
Em. Mike at winslegal.com
 
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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Tonya Hebert
Sent: Monday, September 17, 2018 2:54 PM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Question re: Encumbered Title to Probate Asset
 
Client opened probate for her mother. There are five siblings.  Several weeks after probate opened the client found there was a Revocable Trust signed by mother while on her death bed which gave all assets to one daughter.  The one daughter drafted the trust instrument and was the sole beneficiary of the trust.  The beneficiary daughter tried to convey real property into the trust by deed on the same day the mother signed the trust.  The deed is invalid for many reasons including no-notary, no grantor signature, and no properly named grantee (named Revocable Trust only not Trustee).  The other assets which may have transferred into this trust include personal pro! perty with a minimal value.  
Question:  Is there any reason to try to invalidate the trust all together?  Or..... (i) open a TEDRA to ask the judge to invalidate the wild deed, or (ii) File a petition to ask the judge to invalidate the wild deed; or (iii) proceed knowing the deed is invalid and continue on through the probate process?  The beneficiary daughter who drafted the trust is living in the house so this won’t be easy.  Your comments are appreciated!  THANK YOU!
 
Tonya Hebert, Attorney at Law
411 NE First Street
P.O. Box 69
Winlock, WA  98596
Office 360-785-3333 cell/text 559-554-5077

Providing legal services with the highest level of integrity

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