[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...

Thu Sep 23 12:27:01 PDT 2021

Hi Michael,

No need for a new deed so long as the name of the trust wasn't changed. The
original name and date of the trust will always remain the same when a
trust is restated. Maybe Nicholas was referencing a revocation. In some
cases, clients may choose to revoke a prior RLT all together and do a brand
new one instead, which would have a new name/date.

Have a great day,

On Wed, Sep 22, 2021 at 3:22 PM michael westseattleattorney.com <
michael at westseattleattorney.com> wrote:

> Thanks Diane
>
>
>
> ------------------------------
> *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
>
> 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
>
>
>
> *[image: (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
>
> www.pleasantslaw.com
>
> The information contained in this e-mail message may be privileged and is
> confidential information intended only for the use of the recipient, or any
> employee or agent responsible to deliver it to the intended recipient. Any
> unauthorized use, distribution or copying of this information is strictly
> prohibited and may be unlawful.
>
> If you have received this communication in error, please notify the sender
> immediately and destroy the original message and all attachments from your
> electronic files.
>
>
>
>
>
> *From: *<wsbapt-bounces at lists.wsbarppt.com> on behalf of "michael
> westseattleattorney.com" <michael at westseattleattorney.com>
> *Reply-To: *WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> *Date: *Wednesday, September 22, 2021 at 2:23 PM
> *To: *WSBA Probate & Trust Listserve <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
>
>
>
>
>
>
>
> ***Disclaimer: Please note that RPPT listserv participation is not
> restricted to practicing attorneys and may include non-practicing
> attorneys, law students, professionals working in related fields, and
> others.***
> _______________________________________________
> WSBAPT mailing list
> WSBAPT at lists.wsbarppt.com
> http://mailman.fsr.com/mailman/listinfo/wsbapt

-- 

*Best regards, *

*Setareh Mahmoodi *

*Attorney at Law *

*18222 104th Ave NE, Suite 103*

*Bothell, WA 98011*

*Phone: 425-806-1500*

*Fax: 425-489-4142 (Please email documents if at all possible)*

*Email: SM at LawOfficesofSM.com*

*Website: **http://www.lawofficesofsm.com/ <http://www.lawofficesofsm.com/>*

*CONFIDENTIALITY NOTICE:* This email message and any attachments is a
transmission from the law firm and is intended for the recipient only.  It
may contain information that is confidential and legally protected by the
attorney-client, work product and/or other privileges.  If you are not the
designated or intended recipient, please destroy the message without
disclosing any of its contents and notify us immediately by reply email or
by calling (425) 806-1500.

Pursuant to U.S. Treasury Department Regulations, we are now required to
advise you that, unless otherwise expressly indicated, any federal tax
advice contained in this communication, including attachments and
enclosures, is not intended or written to be used, and may not be used, for
the purpose of (i) avoiding tax-related penalties under the Internal
Revenue Code or (ii) promoting, marketing or recommending to another party
any tax-related matters addressed herein.
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20210923/b36c9856/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.png
Type: image/png
Size: 39035 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20210923/b36c9856/image001.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image002.png
Type: image/png
Size: 57246 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20210923/b36c9856/image002.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: Outlook-zv03kcuc.png
Type: image/png
Size: 57245 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20210923/b36c9856/Outlook-zv03kcuc.png>