[WSBARP] Which WAC Applies?

[Kailei Feeney]

It seems to me the safest may be two-step:

Create community property by transferring to them both, as a marital community. 458-61A-203(1).

Transfer to trust to be able to claim mere change in identity or form. 458-61A-211(2)(a).

I'm not sure why I'm hesitating on the Gift idea. I suppose that as long as there was no mortgage that her and spouse would now continue to pay on, now as Co-Trustors (consideration) it may be all right.

Always interested in the thoughts of others though!

Kailei
Kailei B. Feeney
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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Jeff Davis
Sent: Thursday, September 06, 2018 9:51 AM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Which WAC Applies?

Listmates,

A client is transferring her separate King County real property into a living trust in which she and her husband are co-Trustors, Trustees and Beneficiaries.  Husband is receiving an interest in this property.   Before I get into a running battle with the King County Treasurer, which WAC do I reference on the Real Estate Excise Tax Affidavit, 458-61A-201 (Gifts) and/or 458-61A-211 (Mere change in identity or form)?  Your sage advice would be welcomed.

Jeff

W. Jeff Davis, Esq.
BELL & DAVIS PLLC
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Sequim WA 98382
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