[WSBARP] Pet trust?

Thu Dec 27 13:08:45 PST 2018

Season's Greetings, Listmates:

Would anybody out there be willing and able to offer some guidance and/or share a template for a pet trust?

Thank you in advance and happy holidays!

Warm regards,

Brandyn

Brandyn D. Miller

Counselor at Law

206-633-4114

 <mailto:brandyndmiller at comcast.net> brandyndmiller at comcast.net                        

221 NW 48th St.                                  

Seattle, WA 98107                                 

This communication may contain privileged or other confidential information.  If you are not the intended recipient or believe that you may have received this communication in error, please reply to the sender indicating that fact and delete the copy you received.  In addition, you should not print, copy, retransmit, disseminate, or otherwise use the information contained herein.

From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of michael at westseattleattorney.com
Sent: Wednesday, December 12, 2018 4:43 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Transfer on Death Deed

Here is one form :

TRANSFER ON DEATH DEED

This transfer to the designated beneficiary is to occur at the transferor's death

Grantor:  , a single man 

Grantee:    as tenants in common OR 

Legal Description: 

Additional legal on page: 1

Assessor's Tax Parcel ID#: 

THE GRANTOR, _______________, for love and affection and estate planning purposes, pursuant to the Washington Uniform Real Property Transfer on Death Act  does hereby remise, release, convey and quit claim at the time of grantor's death to ______________, 

OR each with a ________________ PERCENT (__%) interest and as tenants in common 

all of his right, title, interest and claim in and to the following described real property:  

TO HAVE AND TO HOLD the same, together with all and singular the appurtenances thereto, of all interest, equity and claim whatsoever grantors may have, either in equity or in law, for the use, benefit and behalf of grantees forever.

DATED this ___ day of _____________, 2018.

_____________________________________________

STATE OF WASHINGTON )

)  ss.

COUNTY OF KING      )

On this ___ day of ______________, 2018, before me, the undersigned, a Notary Public in and for the State of Washington duly commissioned and sworn personally appeared _______________  to me known to be the individual described in and who executed the foregoing instrument, and acknowledged to me that the individual signed and sealed the said instrument as the individual's free and voluntary act and deed for the uses and purposes therein mentioned.

WITNESS my hand and official seal hereto affixed the day and year in this certificate above-written.

______________________________________________

NOTARY PUBLIC in and for the State of Washington, residing at ________. My commission expires:

-------- Original Message --------
Subject: Re: [WSBARP] Transfer on Death Deed
From: "Bickel, Dwight" <Dwight.Bickel at fntg.com <mailto:Dwight.Bickel at fntg.com> >
Date: Wed, December 12, 2018 1:05 pm
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com <mailto:wsbarp at lists.wsbarppt.com> >

#wmQuoteWrapper /* Font Definitions */ @font-face {font-family:"Cambria Math"; panose-1:2 4 5 3 5 4 6 3 2 4;} #wmQuoteWrapper @font-face {font-family:Calibri; panose-1:2 15 5 2 2 2 4 3 2 4;} #wmQuoteWrapper @font-face {font-family:Tahoma; panose-1:2 11 6 4 3 5 4 4 2 4;} #wmQuoteWrapper /* Style Definitions */ p.MsoNormal, #wmQuoteWrapper li.MsoNormal, #wmQuoteWrapper div.MsoNormal {margin:0in; margin-bottom:.0001pt; font-size:11.0pt; font-family:"Calibri",sans-serif;} #wmQuoteWrapper a:link, #wmQuoteWrapper span.MsoHyperlink {mso-style-priority:99; color:blue; text-decoration:underline;} #wmQuoteWrapper a:visited, #wmQuoteWrapper span.MsoHyperlinkFollowed {mso-style-priority:99; color:purple; text-decoration:underline;} #wmQuoteWrapper p.MsoAcetate, #wmQuoteWrapper li.MsoAcetate, #wmQuoteWrapper div.MsoAcetate {mso-style-priority:99; mso-style-link:"Balloon Text Char"; margin:0in; margin-bottom:.0001pt; font-size:8.0pt; font-family:"Tahoma",sans-serif;} #wmQuoteWrapper span.BalloonTextChar {mso-style-name:"Balloon Text Char"; mso-style-priority:99; mso-style-link:"Balloon Text"; font-family:"Tahoma",sans-serif;} #wmQuoteWrapper span.EmailStyle19 {mso-style-type:personal; font-family:"Calibri",sans-serif; color:windowtext;} #wmQuoteWrapper span.EmailStyle20 {mso-style-type:personal-reply; font-family:"Calibri",sans-serif; color:#1F497D;} #wmQuoteWrapper .MsoChpDefault {mso-style-type:export-only; font-size:10.0pt;} #wmQuoteWrapper @page WordSection1 {size:8.5in 11.0in; margin:1.0in 1.0in 1.0in 1.0in;} #wmQuoteWrapper div.WordSection1 {page:WordSection1;} 

There is no form. Use a standard quitclaim deed (or SWD). By statute, there are no warranties regardless. [See 64.80.100(5).] 

BUT, most important! You must include this statement:

“This deed is not effective to transfer to the Beneficiary until my death.”

Unfortunately, I was not willing to approve insuring based upon a deed that was probably intended to be a transfer on death deed, because the lawyer decided to make “a form.” It was just a quitclaim, but it was entitled, “Transfer on Death Deed.” It did not include the statutory requirement. Maybe that title satisfied the statute; maybe not. I required deeds from the decedent’s heirs rather than assume that risk.

RCW 64.80.060

Requirements.

A transfer on death deed:

(1) Except as otherwise provided in subsection (2) of this section, must contain the essential elements and formalities of a properly recordable inter vivos deed;

(2) Must state that the transfer to the designated beneficiary is to occur at the transferor's death; and

(3) Must be recorded before the transferor's death in the public records in the office of the auditor of the county where the property is located.

  _____  

NOTICE: The information contained in this message is proprietary and/or confidential and may be privileged. If you are not the intended recipient of this communication, you are hereby notified to: (i) delete the message and all copies; (ii) do not disclose, distribute or use the message in any manner; and (iii) notify the sender immediately. 

  _____  

_______________________________________________
WSBARP mailing list
WSBARP at lists.wsbarppt.com <mailto: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/20181227/81270c59/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.png
Type: image/png
Size: 51981 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20181227/81270c59/image001.png>