[WSBAPT] Deed from PR directly to Trust

michael westseattleattorney.com michael at westseattleattorney.com
Fri Oct 22 11:25:09 PDT 2021


Thanks Sarah 😊

[cid:ed2e7083-701e-4049-a3be-e14239dfa784]

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> on behalf of Sarah McCarthy <sarah at kawlawyers.com>
Sent: Friday, October 22, 2021 11:02 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Deed from PR directly to Trust

I think the recorder's issue is that there are 2 different excise tax exemptions to be cited on the REETA. And the REETA form doesn't give space for listing more than one WAC exemption.

However, I recently saw a PR Deed here in Island County from several years back that I would have thought would have been rejected for trying to accomplish two separate transfers in a single deed, but the Island County Auditor and Treasurer apparently accepted it. PR deeded property out of his mom's estate to himself per Mom's Will, and then gave a percentage share to his wife as a gift from the PR -- all in the same PR deed.   Despite two separate WAC exemptions that would have applied.  So, I guess it might depend on the county, and who is at the desk that day...



Sarah O’Farrell McCarthy

(Pronouns: she / her)
Attorney | Kelly, Arndt & Walker, Attorneys at Law, PLLP
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(Located on Whidbey Island, Island County, Washington)
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On Fri, Oct 22, 2021 at 10:44 AM Mike Zeno <mikez at zenolawfirm.com<mailto:mikez at zenolawfirm.com>> wrote:

Inheritances are excise-tax exempt, per WAC 458-61A-202, and transfer into a revocable trust ought to be exempt under WAC 458-61A-211(2)(g).  So hopefully no excise tax.



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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 michael westseattleattorney.com<http://westseattleattorney.com>
Sent: Friday, October 22, 2021 10:09 AM
To: WSBA Probate & Trust Listserve <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] Deed from PR directly to Trust



Recorder insists on a two step process - PR W deed deceased H 1/2 interest to W and then W 100% interest to Wife's Trust.  Any other options than paying a double fee? Thanks

Mike



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