[WSBARP] Mobile Home TOD?

[Jane Bitz]

One word of caution on the use of a Revocable Living Trust to hold title to the mobile: if Mom ever needs Medicaid coverage, the State will not allow the mobile to be an exempt asset (as a principal residence) if title is not held individually by the applicant.

Jane Bitz.

Jane G. Bitz
Of Counsel
Wolff, Hislop & Crockett, PLLC
12209 E. Mission Ave, Suite 5
Spokane Valley, WA 99206-4824
(509) 927-9700 x126
FAX: (509) 777-1800

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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Joshua McKarcher
Sent: Friday, July 17, 2020 8:06 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Mobile Home TOD?

Even adding a joint tenant on the mobile home's title document now requires title work once now and once after death. And it sounds difficult apparently. So instead retitle it now to the simplest revocable living trust you can draft. Could even make both of them co-trustees now if you want to. Then retitle now, and they are effectively both "on title" now for authority but not yet for ownership - thus no loss of step-up in basis at death.

After mom's death daughter can retitle it to herself individually or (maybe) leave it in trust (depending on what you draft).

The trust could even make the successor trustee to be the PR of the mother's probate estate; heck, the contingent beneficiary could be the mother's estate. That saves lots of thinking now if mom doesn't want to do that and understands it ends up the same place it would now if daughter dies with her in car accident or something.

No more than two titling events required. Pretty easy, really, and I find vehicle titles retitle easily in Washington.

Hope that helps! :) All the best, Josh

Joshua D. McKarcher
McKarcher Law PLLC
537 6th Street
Clarkston, WA 99403
(509) 758-3345
(509) 758-3314 (fax)
josh at mckarcherlaw.com<mailto:josh at mckarcherlaw.com>
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From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com>> on behalf of Kira Rubel <kira at theharborlawgroup.com<mailto:kira at theharborlawgroup.com>>
Sent: Friday, July 17, 2020 6:39 AM
To: WSBA Real Property Listserv
Subject: Re: [WSBARP] Mobile Home TOD?

Hello, esteemed list.  I'm following up on my previous email - apparently this is stumping everyone else just like me? We called the county recorder's office and they didn't know what to suggest either. Worst case, it's reflected in the Will only, but I was sure hoping to make it a bit easier on them.

Thank you -

Kira M. Rubel

*Licensed in CA and WA

The Harbor Law Group (formerly, Law Office of Kira M. Rubel)

3615 Harborview Drive NW, Suite C (on the dock)

Gig Harbor, WA 98332-2129

Tel.  (253) 251-2955 | (800) 836-6531

Fax. (206) 238-1694

Zoom ID. (253) 251-2977

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On Mon, Jul 13, 2020 at 1:50 PM Kira Rubel <kira at theharborlawgroup.com<mailto:kira at theharborlawgroup.com>> wrote:
Happy Monday! I have a client who has a stationary mobile home (more of a manufactured home) and she'd like to do a transfer on death deed to her daughter. Unfortunately, there's no deed as it's technically a mobile home! One practitioner suggested a joint tenancy, but the client does not want to do that.  Any other thoughts on this?

Thank you!

Kira M. Rubel

*Licensed in CA and WA

The Harbor Law Group (formerly, Law Office of Kira M. Rubel)

3615 Harborview Drive NW, Suite C (on the dock)

Gig Harbor, WA 98332-2129

Tel.  (253) 251-2955 | (800) 836-6531

Fax. (206) 238-1694

Zoom ID. (253) 251-2977

www.theharborlawgroup.com<http://www.theharborlawgroup.com>

The information transmitted (including any attachments) is intended only for the person to whom it is addressed and may contain confidential and/or privileged material that may be protected by law from disclosure.  If you receive this transmission in error, please notify the sender by reply e-mail and delete the message and any attachments from your computer.  Any review, retransmission, dissemination, copying, or other use of, or taking of any action in reliance upon, this information by persons or entities other than the intended recipient is prohibited.

No Tax Advice: No matter what I say in this email, I am an attorney, not a tax advisor and cannot provide any tax advice to you! Please refer all tax matters to your own tax advisor to ensure you are receiving the most up-to-date and relevant tax advice.
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