[WSBARP] Avoiding Probate for a NY Property

[Jody Cloutier]

Background: We have a client that we are assisting with her estate plan. The vast majority of her property is here in Washington State. She has a second home in New York which she owns and her father is currently living there. Her goal is to allow her father to remain living in the NY home, and after her father's death, the home would pass to her son.  She also plans to have her estate pay of the mortgage of the house in NY.  Client does not want to probate the Will in New York. I am fairly certain I need to set up a Will with with a pour over trust and a revocable living trust (to deal with the NY house).



Questions:



1. Am I correct that under RCW 11.98.005, I can set up both the Will and Revocable trust in Washington, with Washington Law governing, and that the NY house can be placed into that revocable living trust and that would in turn allow the client to avoid probate in NY?

2. Does anyone have an example of a  Revocable Living Trust for a case similar to ours that they might be willing to share?

3. Can you set up a life estate for the father in the living trust or do we need to make changes to the house deed?

4. What are some of the major pitfalls in setting up one of these trusts in Washington? Issues surrounding getting property into the trust etc? Things a first timer might overlook?

5. Would anyone be willing to help walk me through this process? I want to make sure I am doing this properly.

6. Does the client simply need a certification of trust to transfer the home into the trust? Does anyone have language for this they would be willing to share?

Thank you!
Jody Cloutier
Family Law Solutions, PLLC
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