[WSBAPT] Must Two Deeds be filed instead of referencing two WAC Exemptions on a single REETA

[Mark Anderson]

I would consider naming both your individual client and your trustee client as grantors on the deed.  Although two WAC exemptions could apply, I think you should only need to use the gift exemption because that could apply to both grantors.

I will share this with the Real Property Listserv and let you know if any of them have a different viewpoint.

Mark B. Anderson
ANDERSON LAW FIRM PLLC
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Tacoma, Washington 98402
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Stuart Scarff
Sent: Friday, May 29, 2026 10:12 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Must Two Deeds be filed instead of referencing two WAC Exemptions on a single REETA

Good Friday morning everyone.

Client owns real property in Mason County. Title is held by client individually and as Trustee of his deceased spouse's Credit Trust. Client wants to give his daughter the property and the Credit Trust enables him (the Trustee) to distribute the Trust ownership in the property to his daughter.

I intended to prepare a single Deed conveying title from client in his personal and fiduciary and Trustee capacity to his daughter using the Gift exemption (WAC 458-61A-201) and distribution from irrevocable trust exemption (WAC 458-61A-210). My research indicates, however, that Counties and the DOR will NOT accept two WAC Exemptions on a single REETA.

Must I prepare and record TWO Deeds and two REETAs, one conveying title from the surviving spouse to the daughter and one from the Irrevocable Trust to the daughter?

Thank you for your help and have a great weekend.

Stuart Scarff
3035 Island Crest Way, Suite 201
Mercer Island, WA  98040
206.236.1500
www.scarfflaw.com<http://www.scarfflaw.com/>
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