[WSBARP] California Trust in Washington

[Jim Doran]

Ahhh.  Now I understand the Certificate of Trust and its purpose.  Thank
you Josh.

Jim Doran
James R. Doran
Attorney at Law
100 E. Pine Street -  Suite 205
Bellingham, WA 98225
(360)393-9506
jim at doranlegal.com
www.doranlegal.com


On Sat, Sep 11, 2021 at 6:54 AM Joshua McKarcher <josh at mckarcherlaw.com>
wrote:

> 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
> ------------------------------
> *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
> www.doranlegal.com
>
>
> On Fri, Sep 10, 2021 at 4:45 PM John J. Sullivan <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> 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
>> www.doranlegal.com
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