[WSBAPT] transfer real property to revocable living trust

Mark Lee mslatty at yahoo.com
Thu May 16 15:47:58 PDT 2024


Hello:
I am relatively new to the area of estate planning and had questions about some basic issues.
Clients want to transfer their house to a revocable living trust.  The beneficiaries are too young to receive the property yet, and there are multiple successor trustees lined up.
   
   - Is it better to use a Transfer-on-Death Deed (TODD) transferring to a successor trustee or to retitle the property directly to the living trust now with a Quitclaim Deed?
   - If clients use a TODD  can the document simply state "successor trustee of the name of the living trust," as the transferee or do they need to specify the name of the initial successor trustee? RCW 64.80.060 refers to "beneficiary " as transferee so it seems that an individual name is required and you can't transfer to the living trust or unnamed successor trustee but I wanted to check. 
   - Does transferring the property to the living trust sometimes trigger the due-on-sale clause in a mortgage in spite of the federal Garn-St. Germain Act? If so, how can they navigate this with their lender?
   - Does title insurance often not cover transfers to living trusts so clients might need an added endorsement or new policy?
Thanks in advance for any help. 

Mark S. LeeAttorney at Law
40 Lake Bellevue Drive, Suite 100Bellevue, WA 98005
phone: (206) 292-5032
fax: (206) 452-2030
email: MSLatty at yahoo.com
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20240516/f6a36f6a/attachment.html>


More information about the WSBAPT mailing list