[WSBARP] deed for successor trustee

[John McCrady]

I do not require deeds in these situation.  I simply read the trust; if the listed trustee is deceased, I ask for a copy of the death certificate and insure through a deed from the successor trustee.  (The grantor would be "John Doe, successor trustee of the Bill and Jane Doe Living Trust dated March 2, 2004")

Truthfully, I have never required a deed when a successor trustee is to execute as trustee.  In unusual situations I have required affidavits from appropriate parties attesting to matters, but I have never felt the need for a deed.


John McCrady
Counsel
Puget Sound Title Company
5350 Orchard Street West
University Place WA 98467
253-476-5721
j.mccrady at pstitle.com

From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Doug Owens
Sent: Tuesday, November 05, 2019 8:56 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] deed for successor trustee

Dear Dwight, it is good to hear from you again on this listserv.  In the scenario being discussed, with a successor trustee for example in a revocable living trust where the original trustor-trustee has died, who can sign the deed?  The successor trustee signing a deed to himself or herself, but not previously being on title in light of what you say is confusing to me.  Thank you.  Yours truly, Doug Owens


On Nov 5, 2019, at 7:53 AM, Dwight Bickel <dwightbickel at hotmail.com<mailto:dwightbickel at hotmail.com>> wrote:

The deed is required, because the Trust itself is not  an entity capable of owning real property. The Trustee is vested. Some say that a successor Trustee becomes the legal owner without a deed, which is technically true, but title companies will require a deed, or substitute Affidavit or Court Order that puts the change of name in the public records. I would use a quitclaim deed, which would have no consequence on title insurance policy previously issued with the initial Trustee named, because the successor Trustee is already an Insured by definitions.

Dwight A. Bickel
Washington Title Professional
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