[WSBAPT] 2005 RLT was restated and replaced with RLT 2015 but the Deed to real property was not deeded to new Trust. Does it need to be ? or can the Trustee (same Trustee in both) sell real property without the real property saying new date? Thanks...

[Diane J. Kiepe]

I agree with Nicholas but very recently, to avoid my own confusion, I have a “name of trust” provision and state that the Amendment and Restatement carries over the original name.  Also in my Amendment and Restatements, regarding property of the trust provision I will specifically state, to the extent I have the information, the property that was previously transferred and the date on the Schedule A to the amended and restated trust.


Diane J. Kiepe

Diane J. Kiepe
Douglas Eden
717 W. Sprague Ave.
Suite 1500
Spokane, WA  99201
djkiepe at depdslaw.com<mailto:djkiepe at depdslaw.com>
509-455-5300

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Nicholas Pleasants
Sent: Wednesday, September 22, 2021 2:30 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] 2005 RLT was restated and replaced with RLT 2015 but the Deed to real property was not deeded to new Trust. Does it need to be ? or can the Trustee (same Trustee in both) sell real property without the real property saying new date? Thanks...

If it is a true restatement, then the name of the trust is unchanged, so there is no need for a new deed. The trust would still be referred to as “Smith Family RLT dated Jan 1, 2005” even if it was restated in 2015.
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<mailto:wsbapt-bounces at lists.wsbarppt.com>> on behalf of "michael westseattleattorney.com" <michael at westseattleattorney.com<mailto:michael at westseattleattorney.com>>
Reply-To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Date: Wednesday, September 22, 2021 at 2:23 PM
To: WSBA Probate & Trust Listserve <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] 2005 RLT was restated and replaced with RLT 2015 but the Deed to real property was not deeded to new Trust. Does it need to be ? or can the Trustee (same Trustee in both) sell real property without the real property saying new date? Thanks Mike



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