[WSBARP] California Trust in Washington

[Roger Hawkes]

Wow!  That is how some lawyers can afford to live there!!

Roger Hawkes, WSBA # 5173

Sultan Office:      423 Main (physical office)
                                 Box 351, Sultan, WA 98294 (incoming mail)
                                 Sultan, WA 98294

Other offices: we are scheduling in person meetings at various law offices in
North King and South Snohomish counties.  Virginia will be the person coordinating Where and When and with Whom a meeting will be held.  Stay Safe!!  Our phone, fax and email addresses are the same as they have been for twenty five years😊

Phone: 206 367 5000; fax: 206 367 4005
Email: roger at law-hawks.com<mailto:roger at law-hawks.com>  or roger at skyvalleylawyers.com<mailto:roger at skyvalleylawyers.com>
Web site: www.hawkeslawfirm.com<http://www.hawkeslawfirm.com/>
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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of John J. Sullivan
Sent: Saturday, September 11, 2021 10:53 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] California Trust in Washington

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<mailto: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

Sultan Office:      423 Main (physical office)
                                 Box 351, Sultan, WA 98294 (incoming mail)
                                 Sultan, WA 98294

Other offices: we are scheduling in person meetings at various law offices in
North King and South Snohomish counties.  Virginia will be the person coordinating
Where and When and with Whom a meeting will be held.  Stay Safe!!  Our phone, fax and email addresses are the same as they have been for twenty five years😊

Phone: 206 367 5000; fax: 206 367 4005
Email: roger at law-hawks.com<mailto:roger at law-hawks.com>
Web site: www.hawkeslawfirm.com<http://www.hawkeslawfirm.com/>
<image001.jpg>

From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto: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<mailto: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<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>
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