[WSBAPT] Deed - RLT to Beneficiary & Exemption

[Nick Pleasants]

Inge,
I would use a quitclaim deed and cite WAC 458-61A-202(6)(e). With the REETA, you submit the Death Certificate and excerpt of the bequest language or a narrative statement explaining it.
Best,
Nick

Nicholas Pleasants | Shareholder

[OseranHahnAttyatLaw 8]

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Inge Fordham
Sent: Friday, November 18, 2022 4:47 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Deed - RLT to Beneficiary & Exemption

Colleagues,

Decedent passed with a RLT.  Successor trustee now needs to transfer real property held in the trust to the named beneficiary.  I’ve seen disagreement between colleagues over what form of deed to use to transfer real property into a trust.  What are folks using to transfer it out?  I envision a modified quit claim deed with language similar to a PR deed but referencing the trust.  I would imagine the proper exemption is WAC 458-61A-211 (as opposed to WAC 458-61A-202 for inheritance or devise).  Has anyone had issues with recording a deed from a RLT to a beneficiary using either exemption?  (I ask that with a smirk as I know there are often issues with exemptions and recording – and it often feels like the outcome depends on whether the person reviewing the excise tax affidavit had breakfast that morning and one or two cups of coffee).

Thank you!

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Inge A. Fordham | Attorney
Fordham Law, PLLC
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