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

[Chandra Lewnau]

Thanks. I called the county and ended up doing two deeds with a reference
to the change in marital status as suggested.

On Tue, Feb 23, 2016 at 4:53 PM, Eric Nelsen <Eric at sayrelawoffices.com>
wrote:

> 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
> <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>
> *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
> Email chandra at lewnaulaw.com
>
> This email address is for mailing list purposes only.
>
> For faster contact, email clewnau at eldercounselor.com
>
> IMPORTANT: The contents of this email and any attachments are
> confidential. They are intended for the named recipient(s) only. If you
> have received this email by mistake, please notify the sender immediately
> and do not disclose the contents to anyone or make copies thereof.
>
>
>
>
>
> _______________________________________________
> WSBARP mailing list
> WSBARP at lists.wsbarppt.com
> http://mailman.fsr.com/mailman/listinfo/wsbarp
>
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20160223/460b4a7b/attachment.html>