[WSBARP] best practice for grantor description when marital status has changed

[Eric Nelsen]

I agree with Howard. On your second question concerning conversion to community property--to make it stick, I would strongly recommend a separate deed done prior to the deed into the revocable living trust, along the lines Howard recommends:

John Doe, a married person who acquired title as a single person prior to my marriage to Jane Doe, for no consideration with the express intent to convert my separate property into community property by this deed, conveys and quit claims to John Doe and Jane Doe, husband and wife, the following described etc.

That clearly allows REET exemption WAC 458-61A-203(1)<http://apps.leg.wa.gov/wac/default.aspx?cite=458-61A-203>.

Then the second deed, into the RLT, would of course be by both of them to the RLT. Separate REET exemption, WAC 458-61A-211(2)(a)<http://apps.leg.wa.gov/wac/default.aspx?cite=458-61A-211>.

Trying to stick them both in one REET Affidavit may cause County Treasurer to bounce the deed. It shouldn't, but it happens.

Sincerely,

Eric

Eric C. Nelsen
SAYRE LAW OFFICES, PLLC
1320 University St
Seattle WA  98101-2837
phone 206-625-0092
fax 206-625-9040



From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of hhherman2
Sent: Tuesday, February 23, 2016 4:24 PM
To: 'WSBA Real Property Listserv'
Subject: Re: [WSBARP] best practice for grantor description when marital status has changed

Suggestion: John Doe, a married person who acquired title as a single person prior to my marriage to Jane Doe, conveys and quit claims to (trust) or (John Doe and Jane Doe, husband and wife, the following described etc.

Howard Herman
509.220.5810

From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Chandra Lewnau
Sent: Tuesday, February 23, 2016 12:59 PM
To: WSBA Real Property Discussion List <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: [WSBARP] best practice for grantor description when marital status has changed

I have a client who took title to property as a single man and is now married and wants to transfer the property to a revocable living trust. Ordinarily, I include information about the Grantor's marital status and whether the property is separate or community, and make sure everything matches the deed to my client.

What is the best practice for describing the grantor where the marital status has changed?

John Doe, a now married man who took title as an unmarried man?

John Doe, a now married man dealing in his separate estate?

Ignore it and just refer to him as an unmarried man?


Client may also want to convert the property to community property (and thinks he may have signed a community property agreement to this effect that no one can now find)

Any suggestions on handling this in the same deed that conveys to the living trust, or is there a better method?

Thanks in advance for any advice.


Sincerely,



Chandra M. Lewnau, Attorney at Law

Elder Law & Estate Planning

Voicemail 206-317-4282<tel:206-317-4282>
Email chandra at lewnaulaw.com<mailto:chandra at lewnaulaw.com>

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For faster contact, email clewnau at eldercounselor.com<mailto:clewnau at eldercounselor.com>
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