[WSBAPT] Deeding house to revocable living trust

[Nicholas Pleasants]

I don’t think that is necessary in WA. We have a presumption of community property if purchased during the marriage. RCW 26.16.030.
If one spouse owned it prior to marriage, or if they bought it prior to marriage, then I think a deed establishing CP first makes sense.
Best,
Nick

Nicholas Pleasants
Owner

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Pleasants Law Firm, P.S.
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From: <wsbapt-bounces at lists.wsbarppt.com> on behalf of Ann Manley <annmanleyrppt at gmail.com>
Reply-To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Date: Thursday, December 16, 2021 at 3:20 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Deeding house to revocable living trust

Several California attorneys I've talked to say that if a house is owned by a husband and wife (and deed does not specify CP), they will deed the property to H&W as community property with right of survivorship first, then deed into the RLT. This is to ensure a double step-up in basis with no headaches.

Is that kind of two-deed process necessary here in Washington to get a double step-up in basis?
--
Ann Manley, Esq.
The Manley Law Firm, P.S., Inc.
PO Box 16324
Seattle, WA 98116
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