[WSBAPT] Ideas to correct inconsistent naming of trust?

[Laura Latta]

Listmates,
I could use your help sorting out an issue with assets being funded in
different names for the same trust. Here's the situation (names and dates
changed for confidentiality):
Clients, living in another state, establish a trust in 1999 entitled "The
Smith Living Trust." They fully fund all assets to the trust in this name.
In 2010, they execute a restatement in the same state. No one notices that
the name of the trust is accidentally changed to Smith Family Trust. Assets
remain funded in the original name of the Trust.
Flash forward to 2021, clients come to me for the first time because they
are moving to WA and need to change the trust situs to WA. I catch the
naming issue.
It would make sense to simply change the name back to Smith Living Trust
EXCEPT that the home they just purchased in WA is titled in the name of
Smith Family Trust with the deed prepared as part of the original purchase
transaction.
How would you fix this?
When I have sometimes had one peice of real property mistitled, I've listed
both names (the correct name and whatever is on the deed) as part of the
restatement.
Am I right that we can't quitclaim the new house to the trust in the
correct name because it's not a different trust. This isn't a reconveyance.
But it's also not a "fix" because at the time the property was purchased it
was the correct name of the trust.
Should I simply add recitals to the trust, detailing the naming
conventions? What would you do about the deed to the new house?
All thoughts and ideas are appreciated.
Warmly,
Laura

-- 


*Laura LattaLaw Office of Laura Latta PLLC*

she/her

Phone (206) 841-2344

www.LauraLatta.com

PO Box 82356

Kenmore, WA 98028



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