[WSBAPT] Transfer deed to RLT?

[Kailei Feeney]

ALTA policies issued after June 17, 2006, contain the following in the definitions section:
 …
(d)      "Insured":  The Insured named in Schedule A.
(i)       the term "Insured" also includes
(A)     successors to the Title of the Insured by operation of law as distinguished from purchase, including heirs, devisees, survivors, personal representatives, or next of kin;
(B)     successors to an Insured by dissolution, merger, consolidation, distribution, or reorganization;
(C)     successors to an Insured by its conversion to another kind of Entity;
(D)     a grantee of an Insured under a deed delivered without payment of actual valuable consideration  conveying the Title

(1)      if the stock, shares, memberships, or other equity interests of the grantee are wholly-owned by the named Insured,
(2)      if the grantee wholly owns the named Insured,
(3)      if the grantee is wholly-owned by an affiliated Entity of the named Insured, provided the affiliated Entity and the named Insured are both wholly-owned by the same person or Entity, or

(4)      if the grantee is a trustee or beneficiary of a trust created by a written instrument established by the Insured named in Schedule A for estate planning purposes.
 …
(ii) with regard to (A), (B), (C), and (D) reserving, however, all rights and defenses as to any successor that the Company would have had against any predecessor Insured.

We generally utilize quit claim deeds, though certainly have the conversation and for some clients, seeking a title endorsement is still their preference.
Kailei
Kailei B. Feeney
Attorney-at-Law
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3909 California Avenue SW
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Lewis, Amy C.
Sent: Thursday, February 24, 2022 2:43 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Transfer deed to RLT?

We use statutory warranty deeds to convey from trustors to their trust to preserve title insurance coverage.



Amy Lewis, Attorney
Pronouns she/her/hers
[cid:image001.png at 01D8299F.5661F9B0]
909 A Street, Suite 600 | Tacoma, WA 98402
phone 253.572.4500 | fax 253.272.5732 | www.eisenhowerlaw.com<http://www.eisenhowerlaw.com/>
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 Dan Goodman
Sent: Thursday, February 24, 2022 2:29 PM
To: WSBAPT at lists.wsbarppt.com<mailto:WSBAPT at lists.wsbarppt.com>
Subject: [WSBAPT] Transfer deed to RLT?

Good afternoon All,

This one may be pretty simple, but what is the best form of deed to transfer real property to a RLT?  I can't seem to find one answer, and I know there are title insurance concerns (but probably not intractable ones) with a quitclaim deed. Still, I assume one type is used by most WA lawyers, most of the time.

Thanks,
Dan Goodman
206-678-6573

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