[WSBARP] California Trust in Washington

[Joshua McKarcher]

Jim,

Unopposed probate hearings in California — last I heard BEFORE Covid — were taking a year to be scheduled and heard in some parts of California. They have statutory PR fees and complicated processes. That’s why nearly everyone in California has or should have an RLT.

After you amend, you might provide the client a Washington form certificate of trust (per my email the other day) and recite the fact of the trust’s new location of administration (situs), last amendment date, and amended choice of law provision.

In this situation, the certificate may prove to be a helpful prophylactic for the client and more readily “tip off” a future reader to this change from the original document (if, for example, the amendment isn’t readily apparent or gets separated from the original or is overlooked or what have you).

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
www.mckarcherlaw.com<http://www.mckarcherlaw.com>
________________________________
From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> on behalf of Jim Doran <jim at doranlegal.com>
Sent: Friday, September 10, 2021 7:01 PM
To: WSBA Real Property Listserv
Subject: Re: [WSBARP] California Trust in Washington

John:

So this is still a revocable trust.  What you are saying is to amend the Trust to change the situs and applicable law to Washington State, since that is where she intends to live forever.

A simple amendment, then, changing the situs?  And, of course, deeding the property to the existing Trust.

Good.

Jim Doran

P.S. Caveat:  your sentiments about the "other attoney's work" makes me think about how simple the Washington probate process is and whether she needs a RLT at all. But Californians have been sold on the RLT for 25 year.
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>


On Fri, Sep 10, 2021 at 4:45 PM John J. Sullivan <sullaw at comcast.net<mailto:sullaw at comcast.net>> wrote:
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>
***Disclaimer: Please note that RPPT listserv participation is not restricted to practicing attorneys and may include non-practicing attorneys, law students, professionals working in related fields, and others.***

_______________________________________________
WSBARP mailing list
WSBARP at lists.wsbarppt.com<mailto:WSBARP at lists.wsbarppt.com>
http://mailman.fsr.com/mailman/listinfo/wsbarp
***Disclaimer: Please note that RPPT listserv participation is not restricted to practicing attorneys and may include non-practicing attorneys, law students, professionals working in related fields, and others.***

_______________________________________________
WSBARP mailing list
WSBARP at lists.wsbarppt.com<mailto:WSBARP at lists.wsbarppt.com>
http://mailman.fsr.com/mailman/listinfo/wsbarp
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20210911/e6ba5a6b/attachment.html>