[WSBAPT] In active LLC - transfer of real property to living trust

Fri Oct 30 09:54:29 PDT 2026

It's amazing to me that people who don't have ties to WA consider moving
here.  The lack of an income tax is nice but perhaps very temporary.  I
love Spokane for what it was when I moved here but it's such a different
place.  Not all change is good.......

Thank you.
Diane Kiepe, J.D., LL.M. Taxation
Kiepe Estate and Probate, PLLC
diane at kiepelaw.com
200 N. Mullan Rd., Suite 203
Spokane Valley, WA  99206
509-808-2087
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On Fri, Oct 30, 2026 at 9:22 AM Joshua McKarcher <josh at mckarcherlaw.com>
wrote:

> Deferring, as I will, on the "insurable" adjective, to your friendly local
> title officer who you will always want in your back pocket to confirm ideas
> like the one I suggest below, it should be as simple as gathering, at most
> (because maybe it is a Manager-managed LLC, who knows?), the signatures of
> the people who deeded into the LLC (as members) *minus* the signature of
> the one member bought out of the LLC (who is no longer a member).
>
> The document memorializing his release of his interest in the LLC (and
> thus his dissociation as a member) would be the document that gives the
> title underwriter confidence that all the remaining interested parties to
> the LLC are participating.
>
> That should be easy to do.
>
> I suspect some will be critical of me for saying this given the cost of
> recording deeds, but I would deed once from the LLC to the individuals
> using one WAC exemption and REETA, and then I would deed a second time from
> those individuals into their new trust, if that is the vehicle they are
> choosing.
>
> That second step will involve a different WAC exemption.
>
> The two-step process will make sure that they/you/title co. are being
> thoughtful of the change in control (of LLC interests) on the LLC transfer
> and any excise tax that may result.
>
> Because by not filing the LLC annual reports and administratively
> dissolving, they also "excused themselves" 😉 from answering the questions
> on those annual reports about the ownership of real property inside the LLC
> and any sale or transfer of any LLC interest that might've prompted them to
> file a change of control excise tax form.
>
> "Washington: who *wouldn't* want to own and transfer real property
> interests here?"
>
> Best, Josh
>
>
>
> *Joshua McKarcher*
>
> *Attorney, Owner*
> McKarcher Law PLLC
> o: (509) 758-3345
> *josh at mckarcherlaw.com* <josh at mckarcherlaw.com>
>
> [image: signatureImage]
> ------------------------------
> *From:* wsbapt-bounces at lists.wsbarppt.com <
> wsbapt-bounces at lists.wsbarppt.com> on behalf of Jeff at bellanddavispllc.com
> <Jeff at bellanddavispllc.com>
> *Sent:* Friday, 30 October 2026 09:03:54
> *To:* 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>; 'WSBA
> Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
> *Subject:* [WSBAPT] In active LLC - transfer of real property to living
> trust
>
>
> Listmates:
>
>
>
> For estate planning purposes, PC and siblings transferred rental real
> property into an LLC.  After covid and the new landlord-tenant act, the
> property was taken out of the rental pool and one sibling bought out.  The
> other siblings let the LLC license lapse.  Now the remaining members want
> to transfer the property to a Trust.  Can the remaining members sign a deed
> on behalf of the LLC and transfer insurable title to a newly formed trust?
>
>
>
> Jeff Davis
>
>
>
> *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 <(360)%20683-1129>
> Fax: (360) 683.1258 <(360)%20683-1258>
> email: jeff at bellanddavispllc.com
> www.bellanddavispllc.com
>
> The information contained in this e-mail message may be privileged,
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>
>
>
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