[WSBAPT] Deed/Title Question

[Diane J. Kiepe]

Maura, I'm not fully sure I understand the facts but if the exemption trust was funded by real property owned by the original RLT, the transfer deed to the exemption trust should reflect original date as remaining trustee is transferring from that master trust to new 2015 trust.

When Trustee of exemption trust transfers it will show a reference to the 2015 deed.

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 Maura McCoy
Sent: Monday, March 6, 2023 3:51 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Deed/Title Question

This is a deed/title question - we have a client who is the sole beneficiary of her parents' trust. The parents' underlying RLT was created in 2007 and fully funded.

Dad died in 2015, at which time the exemption trust was created. Real property was funded to the exemption trust, but the date of the exemption trust on the deed is from the ORIGINAL RLT date (2007, rather than 2015). All other accounts held in the exemption trust also have the original trust date. The certificate of trust from the exemption trust also has the original trust date. Mom is now deceased and we are administering the trust and noticed the error on the deed.

Thoughts? Does this need to be corrected on the deed, or is the original trust date sufficient for title purposes?

Maura Senecal McCoy | Associate Attorney
(she/her/hers)

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