[WSBARP] California Trust in Washington

[Roger Hawkes]

Yup; what John said; most of the time a trust situs and choice of law can be amended.

Roger Hawkes, WSBA # 5173
Sky Valley Law
For incoming mail: Box 351, Sultan 98294
For in person visits: 423 Main, Sultan, WA 98294
Or other places to be arranged
206 367 5000
360 799 6438
Fax: 206 367 4005

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of John J. Sullivan
Sent: Friday, September 10, 2021 4:42 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] California Trust in Washington

Jim:

Is it still revocable? If so I usually either do a restatement for migrating clients or at least amend the choice of law clause. My least favorite task is responsibility for another attorney’s work. Especially if I’m not licenses in the state of the law chosen.

If irrevocable look for a common clause permitting trustee to transfer situs and choice of law.

John J. Sullivan
Sent from my iPhone


On Sep 10, 2021, at 2:45 PM, Jim Doran <jim at doranlegal.com<mailto:jim at doranlegal.com>> wrote:

I think we have been through this before:

A single California woman moves to Bellingham.  (Beginning to be a common occurrence.) She already has a California situs RLT.  She bought a home here and wants to put it into the Trust.  No problem.  Deed from her to the Trust.

However, what sort of issues do we run into if her Trust was drafted and situated in California and now she resides in Washington?

If I recall correctly, there is no problem.  She doesn't have to re-do the Trust.  She just needs to put the property into the Trust.  Correct?

Thank you.

Jim Doran

James R. Doran
Attorney at Law
100 E. Pine Street -  Suite 205
Bellingham, WA 98225
(360)393-9506
jim at doranlegal.com<mailto:jim at doranlegal.com>
www.doranlegal.com<http://www.doranlegal.com>
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