[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...

Philip N. Jones pjones at duffykekel.com
Wed Sep 22 15:39:56 PDT 2021


Does it use the same name for the trust?
Most restatements use the same name AND the same original date, in order to avoid this problem.

Philip N. Jones
Duffy Kekel LLP
900 S.W. Fifth Ave. Suite 2500
Portland, OR 97204
pjones at duffykekel.com<mailto:pjones at duffykekel.com>
(503) 226-1371 – office
(503) 853-1482 – cell
(503) 226-3574 - fax

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of michael westseattleattorney.com
Sent: Wednesday, September 22, 2021 3:21 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...

The trust says it is a complete restatement of the original TRUST dated July 1, 2005
and it replaces and supersedes all of the 2005 provisions and amendments thereto. What do you think?

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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 Philip N. Jones <pjones at duffykekel.com<mailto:pjones at duffykekel.com>>
Sent: Wednesday, September 22, 2021 2:24 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto: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...

What does the language of the 2015 trust state?  If it is a true restatement, a new deed is not needed.
Phil Jones
Portland OR
Philip N. Jones
Duffy Kekel LLP
Portland, OR
pjones at duffykekel.com<mailto:pjones at duffykekel.com>
(503) 853-1482 cell


On Sep 22, 2021, at 2:18 PM, michael westseattleattorney.com <michael at westseattleattorney.com<mailto:michael at westseattleattorney.com>> wrote:



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