[WSBARP] distribution of test. trust - REET supp. statement form

[Dwight Bickel]

Every document provided as an attachment to the supplemental to excise tax affidavit is usually recorded. Other information not specified by stature and not part of the affidavit, requested by the particular person at your county at that day to allow you to record without paying the excise tax, should not be recorded.  Unless that person forces the recording.

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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> on behalf of Nicholas Pleasants <nick at pleasantslaw.com>
Sent: Wednesday, March 3, 2021 3:14:22 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] distribution of test. trust - REET supp. statement form


Hi Josh,



This is a standard procedure. See WAC 458-61A-210(5) (emphasis added):

(5) Documentation. When real property is transferred to or from a testamentary trust, or real property is transferred to or from an irrevocable trust, the following must be available to the department upon request, and provided to the county treasurer and recorded with the county auditor:

(a) A certified copy of the death certificate and a copy of that portion of the trust instrument showing the authority of the grantor; or

(b) A statement signed by the trustee or the grantor, or the representative of the trustee or grantor containing the following information:

(i) The name, address, and telephone number of the trustee or grantor, and/or representative of the trustee or grantor who is authorized to represent the trustee or grantor before the department of revenue;

(ii) The character of the trust, e.g., testamentary, irrevocable living trust, etc.;

(iii) The nature of the transfer:

(A) If the transfer is to or from a testamentary trust, the nature of and reason for the transfer.

(B) If the transfer is to or from an irrevocable living trust:

(I) The nature and reason for the transfer;

(II) Whether or not the property is encumbered with debt; and

(III) Whether or not the trustee may, at the time of the transfer, distribute income and/or principal to a person(s) other than the grantor(s).



I’ve also used WAC 458-61A-202(6)(e), but there is a similar requirement under that section:

(6) Exemptions and required documentation. A transfer of real property through a devise by will or inheritance is exempt from the real estate excise tax for the following types of transfers. Refer to WAC 458-61A-303<https://apps.leg.wa.gov/wac/default.aspx?cite=458-61A-303> (Affidavit) to determine if a real estate excise tax affidavit is required to document the exempt transfers. Additional documentation may be required to substantiate each exemption, and must be provided to the county treasurer of the county in which the real property is located and recorded with the county auditor



In my experience, it is a simple one page that is added to the back of the REETA, and that takes care of it. Your one page just follows each of the requirements of 458-61A-210(5), no special form needed.



Best,

Nick



Nicholas Pleasants

Owner



[(Logo) Pleasants Law Firm]<http://www.pleasantslaw.com/>



Pleasants Law Firm, P.S.
2300 130th Ave NE, Suite A-101
Bellevue, WA 98005-1755
(425) 615-7070 tel/fax
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From: <wsbarp-bounces at lists.wsbarppt.com> on behalf of Josh Grant <jgrant at accima.com>
Reply-To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Date: Wednesday, March 3, 2021 at 11:45 AM
To: wsbar <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] distribution of test. trust - REET supp. statement form



My client, a trustee is distributing real property to a beneficiary.

County Treasurer wants a supplemental statement under WAC 458 61A 210.

I wonder if someone has done a form which they could share with all the information which is listed therein.

The Treasurer also seems to want much of this recorded.. which I don’t see necessary in the WAC  “available to the department” doesn’t mean recorded.

thanks

Josh

Joshua F. Grant
[advocates]
P. O. Box 619
Wilbur, WA 99185
509 647 5578
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