[WSBAPT] Deeding residence to Revocable Living Trust

[Diane J. Kiepe]

Ann,

I believe I saw one answer already but my practice is Warranty Deed for chain of title issues that might arise down the road.

In regards to JWROS, the answer to that is that it shouldn’t be done if you are transferring it into the trust – the grantee is the Trust now, not the married couple.  Often times the trust divides on the first death for varying reasons.  I always add the powers you noted as well.  Typically the Trustees of an RLT are the Grantors and you certainly don’t want to tie their hands.  With that being said, sometimes when working with real estate in a living trust, it has to be reconveyed to grantors who then do the mortgaging or other actions with the property.

Best of luck,

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 Ann Manley
Sent: Thursday, July 14, 2022 2:34 PM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Deeding residence to Revocable Living Trust

What is the best practice: using a Quit Claim or a Statutory Warranty Deed? For married couples, do you add any additional language stating that the property is community property with right of survivorship? Finally, do you add language stating that the trustee has the power to encumber, manage or convey the property?

Ann Manley, Esq.
The Manley Law Firm, P.S., Inc.
PO Box 16324
Seattle, WA 98116
(206)292-3064 / (206)292-3914 fax
www.manleyfirm.com<http://www.manleyfirm.com>

The Manley Law Firm practice areas include Bankruptcy*, Estate Planning, Auto Accidents, Civil Litigation, Construction, Commercial and Contract Law, Employment Matters, Personal injury, Small Business, Unemployment Claims, Wage Loss and Compensation claims

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