[WSBARP] California Trust in Washington

[John J. Sullivan]

If I recall correctly and the law remains unchanged, both the attorney and the executor receive mandatory payments of 7% each, regardless of the amount of work performed. And there are no nonintervention powers. 

The cynic in me has a pretty good idea why the legislature has not fixed this system. And the RLT is a decent workaround. 

John J. Sullivan

Sent from my iPad

> On Sep 11, 2021, at 6:37 AM, Roger Hawkes <Roger at law-hawks.com> wrote:
> 
> 
> My understanding about California law is that probate attorney fees are a percentage of the estate and cost a lot.  Hence, rlt is the vehicle to avoid probate.  What I don’t know is why the California legislature has not addressed this inequity.  Seems weird that percentage fees are required and trust admin fees are not governed?
>  
> Roger Hawkes, WSBA # 5173                                                  
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> From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Jim Doran
> Sent: Friday, September 10, 2021 6:56 PM
> To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
> 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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