[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...

michael westseattleattorney.com michael at westseattleattorney.com
Wed Sep 22 15:18:20 PDT 2021


Thanks Diane

[cid:c81fcc77-1215-4fb9-9d67-bb8b2cc07203]

________________________________
From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> on behalf of Diane J. Kiepe <DJKiepe at depdslaw.com>
Sent: Wednesday, September 22, 2021 2:38 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...


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



[(Logo) Pleasants Law Firm]<http://www.pleasantslaw.com/>



Pleasants Law Firm, P.S.
2300 130th Ave NE, Suite A-101
Bellevue, WA 98005-1755
(425) 615-7070 tel/fax
nick at pleasantslaw.com<mailto:nick at pleasantslaw.com>

www.pleasantslaw.com<http://www.pleasantslaw.com>

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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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