[WSBAPT] Can a WA attorney draft a WA living trust to hold title to a WA property, where all grantors live out of state?

[Sarah McCarthy]

It's been my practice to only draft estate planning documents for clients
who are residents of the State of WA.  If an out of state resident contacts
my office wanting a living trust created to hold title to a piece of dirt
here in WA, I would always tell the person to have the living trust drafted
in the state where the grantor resides - and I would handle the limited
piece of quit claiming the piece of dirt into the trust created by an
attorney in the grantor's state of residence.

Now I have a situation where 4 siblings co-own a piece of Washington dirt.
None of the siblings lives in WA, and they all live in separate states.
They all want to create a living trust, which would hold title to the
property, for the lifetime benefit of 2 of the siblings (residents of Idaho
and Hawaii), and for the eventual benefit of the collective set of
kids/nieces/nephews.

In this circumstance, since WA is the situs of the piece of dirt in
question, it's seeming like it may be appropriate for this trust to be
drafted under the laws of the State of WA.

But, this still feels odd.

Anyone think this sounds like a problem, or a-okay?


*Sarah O’Farrell McCarthy*


*(Pronouns: she / her)*Attorney | Kelly, Arndt & Walker, Attorneys at Law,
PLLP
P.O. Box 290 | 6443 Harding Avenue | Clinton, WA  98236

(Located on Whidbey Island, Island County, Washington)
Phone: (360) 341-1515 | Fax: (360) 341-3272
sarah at kawlawyers.com | www.kawlawyers.com


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