[WSBAPT] Separate Property into Family Trust

[Philip N. Jones]

That deed restriction might be unenforceable as a restraint on alienation.  Do some research on restraints on alienation.
Phil Jones

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> on behalf of Jeff at bellanddavispllc.com <Jeff at bellanddavispllc.com>
Sent: Saturday, March 4, 2023 2:06:04 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Separate Property into Family Trust


Listmates:



Client wants to deed her separate, inherited, real property into the family trust with herself and H as trustees.  The deeds under which she inherited these parcels all contain language about restricting transfers to her blood relatives.  This reminds of the recent discussion about family cabins, etc, but that’s for another day.  My question is, do I need to do a Supplemental Excise Tax Affidavit?  As it stand, H theoretically is getting an interest in these parcels, although I suspect they will amend their trust to provide, as best they can, that these properties will ultimately be disbursed to her side of the family.  Your thoughts?



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>
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