[WSBAPT] Residue Provision Left Out of Trust Amendment

[Joshua McKarcher]

Is the house titled in the trust's name, girlfriend's name, or some combination like a deed to trust reserving a life estate or heaven knows what?

As a practical matter - setting aside the archaic formalities of life estates -- does girlfriend think she has any rights to the house, or is she willing to sign something that says "It's not mine and I waive any claim that it is."?

Preview: if house is cleanly titled in trust's name, such that a trust certificate signed by son is sufficient to transfer title, then the son's concern as trustee is having paperwork to protect him for the transfer out of trust.

So then he needs a trust-TEDRA with girlfriend confirming her position that "It's not mine and I waive any claim that it is" and that the trustee may transfer it free of her claim in any capacity as a trust beneficiary, life estate holder, etc.

Then, unless there is any other human with any possible claim on the decedent's intestate estate or the trust property, I'm not sure what other risk the son has in taking possession of the house and moving on with life.

Hope that helps? Best, Josh

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Jeff at bellanddavispllc.com
Sent: Wednesday, October 12, 2022 2:44 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Residue Provision Left Out of Trust Amendment

Listmates:

Original trust agreement named only son (OS) as 100% residuary beneficiary.  Grantor amends trust by removing the provision for son, and replacing it with specific distributions of accounts to OS and two others, and granting Grantor's girl friend a life estate in the house in the trust.  Nothing is said about what happens to house if GF dies or moves out.  There is no residuary clause. Grantor dies, GF moves.  OS, who is also the acting trustee, wants to transfer the house to himself.  The attorney drafting the amendment says house was meant to go to OS, but, ooops, that clause was left out.  Does OS do a TEDRA agreement with himself?  Do you forget the trust amendment?

Jeff Davis

W. Jeff Davis
BELL & DAVIS PLLC
Attorneys at Law
P.O. Box 510
720 E. Washington Street, Suite 105
Sequim WA 98382
Phone: (360) 683.1129
Fax: (360) 683.1258
email: jeff at bellanddavispllc.com<mailto:jeff at bellanddavispllc.com>
www.bellanddavispllc.com<http://www.bellanddavispllc.com/>

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