[WSBAPT] Deed/Title Question

Tue Mar 7 16:43:40 PST 2023

RCW 11.98.160<http://app.leg.wa.gov/RCW/default.aspx?cite=11.98.160>
Effective date of irrevocable inter vivos trust-Effective date of revocable inter vivos or testamentary trust.
For the purposes of RCW 11.98.130<http://app.leg.wa.gov/RCW/default.aspx?cite=11.98.130> through 11.98.150<http://app.leg.wa.gov/RCW/default.aspx?cite=11.98.150> the effective date of an instrument purporting to create an irrevocable inter vivos trust is the date on which it is executed by the trustor, and the effective date of an instrument purporting to create either a revocable inter vivos trust or a testamentary trust is the date of the trustor's or testator's death.

RCW 11.98.900<http://app.leg.wa.gov/RCW/default.aspx?cite=11.98.900>
Application of RCW 11.98.130<http://app.leg.wa.gov/RCW/default.aspx?cite=11.98.130> through 11.98.160<http://app.leg.wa.gov/RCW/default.aspx?cite=11.98.160>-RCW 11.68.090<http://app.leg.wa.gov/RCW/default.aspx?cite=11.68.090> prevails.
(1) The provisions of RCW 11.98.130<http://app.leg.wa.gov/RCW/default.aspx?cite=11.98.130> through 11.98.160<http://app.leg.wa.gov/RCW/default.aspx?cite=11.98.160> are applicable to any instrument purporting to create a trust regardless of the date such instrument bears, unless it has been previously adjudicated in the courts of this state.
(2) To the extent that this chapter is in conflict with RCW 11.68.090<http://app.leg.wa.gov/RCW/default.aspx?cite=11.68.090>, RCW 11.68.090<http://app.leg.wa.gov/RCW/default.aspx?cite=11.68.090> prevails.

Jen Doehne, Attorney
Pronouns she/her/hers
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909 A Street, Suite 600 | Tacoma, WA 98402
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Philip N. Jones
Sent: Tuesday, March 7, 2023 4:28 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Deed/Title Question

I rarely disagree with Diane, but I will stick my neck out this time.
Let's say that my brother Sam died, and I am the trustee.  Sam signed his RLT in 2007, and died in 2015.
The first deed should be from Phil Jones, successor trustee of the Sam Jones RLT u/a/d 1/1/07 to Phil Jones, trustee of the Sam Jones Exemption Trust u/a/d 1/1/07.
Both trusts are controlled by the same piece of paper, the same governing document, and the date of that document never changes.  The date of funding is not relevant.  One trust is governed by article IV and one is governed by article VII.
When someone goes to a title company or a bank and is asked for the governing document of either trust, the same piece of paper will be handed over.
Phil Jones

Philip N. Jones
Duffy Kekel LLP
900 S.W. Fifth Ave. Suite 2500
Portland, OR 97204
pjones at duffykekel.com<mailto:pjones at duffykekel.com>
(503) 226-1371 - office
(503) 853-1482 - cell
(503) 226-3574 - fax

From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of Diane J. Kiepe
Sent: Tuesday, March 7, 2023 12:25 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Deed/Title Question

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<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto: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<mailto: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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