[WSBAPT] title to unconveyed real estate when trust is dissolved

[John McCrady]

I believe that the answer depends on the terms of the trust.  In most trusts that I read, the title remains in the trustee, and the property should be conveyed by the trustee to the appropriate beneficiary.  Analogizing with LLC and Corporation Law, I would argue that title remains in the trustee for the purposes of winding up the trust affairs.
That being said, some trusts provide for "automatic vesting" in a named beneficiary.  So a thorough review of the trust is required.


John McCrady
Counsel
Puget Sound Title Company
5350 Orchard Street West
University Place WA 98467
253-476-5721
j.mccrady at pstitle.com<mailto:j.mccrady at pstitle.com>

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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Rod Harmon
Sent: Tuesday, July 06, 2021 2:03 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] title to unconveyed real estate when trust is dissolved

Trust conveyed away most of its real estate and its other assets but forgot about one parcel.
Trust dissolved.
Who owns the forgotten real estate?

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<https://r.xdref.com/?id=166KgJH6005539&from=wsbapt-bounces@lists.wsbarppt.com&to=j.mccrady@pstitle.com&url=http://www.rodharmon.com>
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