[WSBAPT] Date Needed for Testamentary Trust?

Wed Nov 25 16:46:32 PST 2020

I vote with Heather.  The deed should tell the full story.
Phil Jones

Philip N. Jones
Duffy Kekel LLP
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Portland, OR 97204
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Heather de Vrieze
Sent: Wednesday, November 25, 2020 1:32 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Date Needed for Testamentary Trust?

I agree with what other folks have said about identifying that the trust was created under a will. I'll add that if that will has been probated, I will usually reference the cause number as well. In fact anytime I am deeding property out of an estate I will generally identify the Personal Representative, under authority granted by the court xx date and the cause number. This makes is super easy for the title company to look up the probate and find the order of solvency, the order appointing Personal Representative, see if the estate is open or closed, and review the Will should they so choose.

Heather

Heather S. de Vrieze
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From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of Jane Bitz
Sent: Wednesday, November 25, 2020 1:17 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Date Needed for Testamentary Trust?

Thank you to all who weighed in on this. It is good to know the way I draft a deed can help to keep things orderly in the future.
Jane Bitz.

From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of John McCrady
Sent: Wednesday, November 25, 2020 12:50 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Date Needed for Testamentary Trust?

I agree with Mr. Grant, except that I do prefer to see "under the will of..." since it helps identify the source of the trust.

John McCrady
Counsel
Puget Sound Title Company
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From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Josh Grant
Sent: Wednesday, November 25, 2020 11:35 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Date Needed for Testamentary Trust?

I think our title companies prefer "To  ______ Trustee of the Jones Family Testamentary Trust " and maybe add "under Will of _____" but I don't.  I believe a date is not needed for a testamentary trust...  probably for the reasons you state.
Josh

Joshua F. Grant
[advocates]
P. O. Box 619
Wilbur, WA 99185
509 647 5578

From: Jane Bitz
Sent: Wednesday, November 25, 2020 11:19 AM
To: 'WSBA Probate & Trust Listserv'
Subject: [WSBAPT] Date Needed for Testamentary Trust?

I am attorney for an estate where a testamentary trust is set up for grandchildren of the decedent. We are funding the Trust from the Estate and I am drafting a Deed of estate real property from the PR to the Trustee of the Trust. Ordinarily the grant would be: "To the Trustee of the Jones Family Trust dated ________."

Do I have to use a date for this testamentary Trust? And if yes, do I use the Grantor's Date of Death or the date that the Will was signed or other date?

What would be the best practice here?

Thanks.
Jane.

Jane G. Bitz
Of Counsel
Wolff, Hislop & Crockett, PLLC
12209 E. Mission Ave, Suite 5
Spokane Valley, WA 99206-4824
(509) 927-9700 x126
FAX: (509) 777-1800

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