[WSBAPT] Transfer from Individuals (now married) to Trust

[Diane Kiepe]

It is super unlikely but, if their estate plans are different and there is
a common accident, the 75/25 split could create unnecessary issues.  Also,
and I hate to say this but, if there is a parting of the ways, a long-term
absence, or an Alzheimer's-like issue, a problem could arise.  I would
personally recommend 2 deeds.

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 Mon, Sep 21, 2026 at 3:35 PM Inge Fordham <inge at fordhamlegal.com> wrote:

> Colleagues:
>
> I have clients (a married couple) who recently executed a revocable living
> trust and want to transfer their primary residence into the trust.  They
> acquired the property as tenants in common with 75/25% ownership
> interests.  They want to include language in the transfer deed that their
> intent is for the property to be community property (without regard to
> ownership interests).  I just don’t think that’s necessary.  My
> recommendation would be to transfer from "H and W, a married couple, who
> acquired title as 'H and W, who acquired title as “H, an unmarried person,
> as to a 75% undivided interest, and W, an unmarried person, as to a 25%
> undivided interest’ to H&W RLT.”  The trust will dictate how the property
> is distributed from there.  Is there any reason I would need to prepare two
> separate transfers: (1) from H&W as TIC with 75/25% interests to H&W as a
> married couple to create community property; and then (2) from H&W as a
> married couple to the H&W RLT?
>
> I just want to make sure I’m not overlooking something.
>
> Thanks in advance!
>
>
> [image:
> uc%3fexport=download&id=1W3rEcChy0_E0cCfV5up02mkhwnL6eWIs&revid=0B4P5JoIHdbFaR29EbHlRWHFseFV5STZpSUVGeUNPWldkVDFVPQ]
>
> <https://www.google.com/maps/search/3218+Sixth+Avenue+%7C+Tacoma,+WA+98406+%0D%0A+%0D%0AOffice:+(253?entry=gmail&source=g>*Inge
> A. Fordham | Attorney*
> Fordham Law, PLLC
> 3218 Sixth Avenue | Tacoma, WA 98406
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