[WSBAPT] Trust Name

[Sarah McCarthy]

All,
Circling back to a similar trust/deed issue from this thread. Wondering if
I need to re-record a Quit Claim Deed to trustee of an RLT to correct the
original trust formation date, or if we can fix this with a trust
restatement reciting the history.

2012 Quit Claim Deed conveyed property to "[PERSON], Trustee of the
Declaration of Trust of [PERSON] dated March 29, 2007."

In fact, the Declaration of Trust had been executed on April 15, 2005.

What happened on March 29, 2007, was a "First Amendment to and Complete
Restatement of Declaration of Trust of [PERSON]."

It's my understanding and practice that the deed should have recited the
original date, which remains in the trust's legal name, despite later
amendments and restatements.

If I'm correct about this, from a title perspective, should the original
Deed be re-recorded to correct the date on the deed to April 15, 2005?
(Would love to avoid that.)

Or, is a title officer going to be okay with reviewing the full history of
the trust amendments and restatements?

Thanks all,
Sarah

*Sarah O’Farrell McCarthy*


*(Pronouns: she / her)*Attorney, Partner | Kelly, Arndt & Walker, Attorneys
at Law, PLLP
P.O. Box 290 | 6443 Harding Avenue | Clinton, WA  98236

(Located on Whidbey Island, Island County, Washington)
Phone: (360) 341-1515 | Fax: (360) 341-3272
sarah at kawlawyers.com | www.kawlawyers.com


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On Wed, Feb 15, 2023 at 7:25 AM Laura Latta <laura at lauralatta.com> wrote:

> When I have encountered this issue, I have not redeeded the property.
> Rather, I have I included recitals in the restatement laying out the
> changes to the name and then stating “this trust shall continue to be known
> as the XYZ trust and/or the XYZ Family Revocable Trust.”
>
> On Tue, Feb 14, 2023 at 2:27 PM John McCrady <j.mccrady at pstitle.com>
> wrote:
>
>> Yes, a recital in the trust agreement saying that it is a restatement of
>> the XYZ trust would do wonders for our comfort level!
>>
>> <https://www.google.com/maps/search/5350+Orchard+Street+West+%0D%0A+University+Place+WA+98467?entry=gmail&source=g>
>>
>>
>>
>>
>>
>> John McCrady
>>
>> Counsel
>>
>> Puget Sound Title Company
>>
>> 5350 Orchard Street West
>> <https://www.google.com/maps/search/5350+Orchard+Street+West+%0D%0A+University+Place+WA+98467?entry=gmail&source=g>
>>
>> University Place WA 98467
>> <https://www.google.com/maps/search/5350+Orchard+Street+West+%0D%0A+University+Place+WA+98467?entry=gmail&source=g>
>>
>> 253-476-5721
>>
>> j.mccrady at pstitle.com
>>
>>
>>
>>
>>
>>
>>
>> *Beginning July 26, 2021, recording fees for most documents recorded in
>> Washington will increase by $100
>> <https://www.piercecountywa.gov/DocumentCenter/View/105275/Recording-Fee-Schedule-Effective-Jul-25-2021->.
>> Please be sure to collect recording fees accordingly. Due to the above
>> increase, our Reconveyance fees will also be increased by $100.00*
>>
>>
>>
>> *WARNING-FRAUDULENT FUNDING INSTRUCTIONS *
>>
>> Email hacking and fraud are on the rise to fraudulently misdirect funds.
>> Please call your escrow officer immediately using contact information found
>> from an independent source, such as the sales contract or internet, to
>> verify any funding instructions received.  We are not responsible for any
>> wire sent by you to an incorrect bank account.
>>
>>
>>
>>
>>
>> *From:* wsbapt-bounces at lists.wsbarppt.com <
>> wsbapt-bounces at lists.wsbarppt.com> *On Behalf Of *
>> Jeff at bellanddavispllc.com
>> *Sent:* Tuesday, February 14, 2023 10:22 AM
>> *To:* 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
>> *Subject:* Re: [WSBAPT] Trust Name
>>
>>
>>
>> Thanks John,
>>
>>
>>
>> We are restating the trust, again, for other reasons, than the name.  In
>> your example on a transfer, would it give a title company more assurance if
>> the restated trust says it is a restatement of the XYZ trust?  There are
>> other trust assets using the new name so your suggestion of waiting and
>> dealing with a mortgage or transfer greatly simplifies the matter.
>>
>>
>>
>> Jeff
>>
>>
>>
>> *W. Jeff Davis*
>>
>> *BELL & DAVIS PLLC*
>>
>> *Attorneys at Law*
>> P.O. Box 510
>>
>> 720 E. Washington Street, Suite 105
>> <https://www.google.com/maps/search/720+E.+Washington+Street,+Suite+105+%0D%0ASequim+WA+98382?entry=gmail&source=g>
>> Sequim WA 98382
>> <https://www.google.com/maps/search/720+E.+Washington+Street,+Suite+105+%0D%0ASequim+WA+98382?entry=gmail&source=g>
>> Phone: (360) 683.1129
>> Fax: (360) 683.1258
>> email: jeff at bellanddavispllc.com
>> www.bellanddavispllc.com
>>
>> The information contained in this e-mail message may be privileged,
>> confidential, and protected from disclosure. If you are not the intended
>> recipient, any dissemination, distribution, or copying is strictly
>> prohibited. If you think that you have received this e-mail message in
>> error, please e-mail the sender at info at bellanddavispllc.com  or call
>> 360.683.1129.
>>
>>
>>
>>
>>
>> *From:* wsbapt-bounces at lists.wsbarppt.com <
>> wsbapt-bounces at lists.wsbarppt.com> *On Behalf Of *John McCrady
>> *Sent:* Tuesday, February 14, 2023 9:56 AM
>> *To:* WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
>> *Subject:* Re: [WSBAPT] Trust Name
>>
>>
>>
>> You could do a deed from “John Doe, Trustee of the XYZ Trust” to “John
>> Doe, trustee of the XYZ Family Revocable Trust, a restatement of the XYZ
>> Trust” to put the matter of record.
>>
>> Or, as I would prefer, wait until a mortgage or conveyance is needed and
>> execute the mortgage/deed as “John Doe, trustee of the XYZ Family Revocable
>> Trust, a restatement of the XYZ Trust” and have ready the documentation of
>> the changes for the title company review.
>>
>>
>>
>> <https://www.google.com/maps/search/5350+Orchard+Street+West+%0D%0A+University+Place+WA+98467?entry=gmail&source=g>
>>
>>
>>
>> John McCrady
>>
>> Counsel
>>
>> Puget Sound Title Company
>>
>> 5350 Orchard Street West
>> <https://www.google.com/maps/search/5350+Orchard+Street+West+%0D%0A+University+Place+WA+98467?entry=gmail&source=g>
>>
>> University Place WA 98467
>> <https://www.google.com/maps/search/5350+Orchard+Street+West+%0D%0A+University+Place+WA+98467?entry=gmail&source=g>
>>
>> 253-476-5721
>>
>> j.mccrady at pstitle.com
>>
>>
>>
>>
>>
>>
>>
>> *Beginning July 26, 2021, recording fees for most documents recorded in
>> Washington will increase by $100
>> <https://www.piercecountywa.gov/DocumentCenter/View/105275/Recording-Fee-Schedule-Effective-Jul-25-2021->.
>> Please be sure to collect recording fees accordingly. Due to the above
>> increase, our Reconveyance fees will also be increased by $100.00*
>>
>>
>>
>> *WARNING-FRAUDULENT FUNDING INSTRUCTIONS *
>>
>> Email hacking and fraud are on the rise to fraudulently misdirect funds.
>> Please call your escrow officer immediately using contact information found
>> from an independent source, such as the sales contract or internet, to
>> verify any funding instructions received.  We are not responsible for any
>> wire sent by you to an incorrect bank account.
>>
>>
>>
>>
>>
>> *From:* wsbapt-bounces at lists.wsbarppt.com <
>> wsbapt-bounces at lists.wsbarppt.com> *On Behalf Of *
>> Jeff at bellanddavispllc.com
>> *Sent:* Tuesday, February 14, 2023 9:15 AM
>> *To:* 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
>> *Subject:* Re: [WSBAPT] Trust Name
>>
>>
>>
>> It is deeded to the Trustees of the “XYZ” Trust.  The fact the trust’s
>> name has changed, will that affect the trustees’ ability to transfer the
>> house?
>>
>>
>>
>> *W. Jeff Davis*
>>
>> *BELL & DAVIS PLLC*
>>
>> *Attorneys at Law*
>> P.O. Box 510
>>
>> 720 E. Washington Street, Suite 105
>> <https://www.google.com/maps/search/720+E.+Washington+Street,+Suite+105+%0D%0ASequim+WA+98382?entry=gmail&source=g>
>> Sequim WA 98382
>> <https://www.google.com/maps/search/720+E.+Washington+Street,+Suite+105+%0D%0ASequim+WA+98382?entry=gmail&source=g>
>> Phone: (360) 683.1129
>> Fax: (360) 683.1258
>> email: jeff at bellanddavispllc.com
>> www.bellanddavispllc.com
>>
>> The information contained in this e-mail message may be privileged,
>> confidential, and protected from disclosure. If you are not the intended
>> recipient, any dissemination, distribution, or copying is strictly
>> prohibited. If you think that you have received this e-mail message in
>> error, please e-mail the sender at info at bellanddavispllc.com  or call
>> 360.683.1129.
>>
>>
>>
>>
>>
>> *From:* wsbapt-bounces at lists.wsbarppt.com <
>> wsbapt-bounces at lists.wsbarppt.com> *On Behalf Of *Lenard Wittlake
>> *Sent:* Tuesday, February 14, 2023 8:55 AM
>> *To:* 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
>> *Subject:* Re: [WSBAPT] Trust Name
>>
>>
>>
>> House should not be deeded to the trust name.  It should be deeded to the
>> trustee’s name.
>>
>>
>>
>> Lenard L Wittlake, PLLC
>>
>> Attorney & Counselor at Law
>>
>> 22 East Poplar Street, Suite 202
>> <https://www.google.com/maps/search/22+East+Poplar+Street,+Suite+202?entry=gmail&source=g>
>>
>> P.O. Box 1233
>>
>> Walla Walla, WA 99362
>>
>> (509) 529-1529 voice
>>
>> (509) 850-3515 fax
>>
>> Lenard at wittlakelaw.com
>>
>>
>>
>> The information contained in this email may be privileged, confidential or
>>
>> otherwise protected from disclosure.  If you received this email in error,
>>
>> please reply to the sender that you have received this information in
>> error
>>
>> and delete this email.
>>
>>
>>
>> *From:* wsbapt-bounces at lists.wsbarppt.com [
>> mailto:wsbapt-bounces at lists.wsbarppt.com
>> <wsbapt-bounces at lists.wsbarppt.com>] *On Behalf Of *
>> Jeff at bellanddavispllc.com
>> *Sent:* Tuesday, February 14, 2023 7:24 AM
>> *To:* 'WSBA Probate & Trust Listserv'
>> *Subject:* [WSBAPT] Trust Name
>>
>>
>>
>> Listmates:
>>
>>
>>
>> Revocable Trust created in the early 90’s is named “XYZ.”   House deeded
>> into the “XYZ” trust.  In 2007, trust is completely restated and named “XYZ
>> Family Revocable Trust.”  For transfer purposes, would you rerecord the
>> deed to reflect the new trust name or simply amend the trust to reflect the
>> old trust name aka new trust name?
>>
>>
>>
>> Jeff
>>
>>
>>
>> *W. Jeff Davis*
>>
>> *BELL & DAVIS PLLC*
>>
>> *Attorneys at Law*
>> P.O. Box 510
>>
>> 720 E. Washington Street, Suite 105
>> <https://www.google.com/maps/search/720+E.+Washington+Street,+Suite+105+%0D%0ASequim+WA+98382?entry=gmail&source=g>
>> Sequim WA 98382
>> <https://www.google.com/maps/search/720+E.+Washington+Street,+Suite+105+%0D%0ASequim+WA+98382?entry=gmail&source=g>
>> Phone: (360) 683.1129
>> Fax: (360) 683.1258
>> email: jeff at bellanddavispllc.com
>> www.bellanddavispllc.com
>>
>> The information contained in this e-mail message may be privileged,
>> confidential, and protected from disclosure. If you are not the intended
>> recipient, any dissemination, distribution, or copying is strictly
>> prohibited. If you think that you have received this e-mail message in
>> error, please e-mail the sender at info at bellanddavispllc.com  or call
>> 360.683.1129.
>>
>>
>>
>>
>> ***Disclaimer: Please note that RPPT listserv participation is not
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>
> --
>
>
> *Laura LattaLaw Office of Laura Latta PLLC*
>
> she/her
>
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>
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>
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