[WSBARP] New deed necessary for amended and restated trust?

Tue Jun 16 18:12:40 PDT 2015

To add 2 cents to Dwight’s as always sound opinion – I would make sure the property and copy of the deed is appended to the restated Trust and mentioned as a Trust asset. Just to leave no stone unturned. 

Sincerely,

Tom

Thomas J. Westbrook

Attorney at Law

Rodgers, Kee & Card

324 West Bay Drive NW, Suite 201

Olympia, Washington  98502

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From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Bickel, Dwight
Sent: Tuesday, June 16, 2015 5:09 PM
To: WSBA Real Property Listserv
Subject: Re: [WSBARP] New deed necessary for amended and restated trust?

The same Trustees appear to hold title.  The Trust terms have changed.   Upon a later conveyance, the Trustee will be required to show the initial Trust allowed the amendment and it was done properly, then to show present authority as Trustee of the amended Trust, finally to show that the proposed conveyance is within the authority of the amended Trust.

I see no value to the recordation evidencing the amended terms of the trust.  

Dwight A. Bickel

Regional Counsel

Fidelity National Title Group

701 - 5th Avenue, Suite 2300
Seattle, WA 98104
Phone: (206) 370-3189

Toll free: 800 627-0530

Cell: (206) 484-1976

E-mail: Dwight.Bickel at fntg.com <mailto:Dwight.Bickel at fntg.com> 

From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Heather Kolbly
Sent: Tuesday, June 16, 2015 4:28 PM
To: 'WSBA Real Property Listserv'; wsbapt at lists.wsbarppt.com
Subject: [WSBARP] New deed necessary for amended and restated trust?

Hi All,

Client husband and wife are having me amend and restate their revocable living trust from CA (they wanted some major changes and needed other big changes that a simple amendment would not cover).   When they moved here to WA 2 years ago, they bought a house and placed it in the trust.  The deed language states that the property is owned by John James Doe and Jane Ann Doe, Trustees of the Doe Family Living trust dated March 16, 2004.  The name of the revised trust is as follows:  “The Doe Family Living trust dated March 16, 2004, and amended and restated on June 30, 2015.”  QUESTION:  Do I need to draft a new deed that refers to the trust as amended and restated (i.e.:  “John James Doe and Jane Ann Doe, Trustees of the Doe Family Living trust dated March 16, 2004, and amended and restated on June 30, 2015” OR can I just use the existing deed?  I haven’t done an amendment and restatement where the client/trustees had already placed the real property in the trust before amending the trust.

Hope this makes sense… Thanks for any help you can offer.

Heather Kolbly

Heather Tobin Kolbly

Mobile Attorney 

KOLBLY LAW FIRM, P.C.

Mail:  704 228th Ave. NE #122, Sammamish, WA  98074

(425) 444-1888 

Heather at KolblyLaw.com <mailto:Heather at KolblyLaw.com> 

www.KolblyLaw.com <http://www.kolblylaw.com/> 

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