[WSBARP] Referral needed RE Transfer of interest in property (King County)
Nancy Lee
nancy at nancyleelaw.comcastbiz.net
Thu Jan 6 13:13:43 PST 2022
List mates,
I'm looking for a referral for an attorney who can assist a client of mine transfer interest in property she is entitled to under a partnership agreement. This entitlement has already been approved by (I believe) the IRS. I do not want to perform this task because it creates a COI for me.
The situation, briefly(?) - Mom and step-dad (for whom I did their estate documents in 2013) own a piece of property with a dwelling on it that is immediately adjacent to their family home - separate parcel number.
1. The property/dwelling is currently titled in mom and step-dad's name only.
2. Daughter (I represent her in her capacity as guardian for her disabled adult son) has a partnership agreement/contract with mom and step-dad whereby daughter is actually entitled to 50% interest in the property/dwelling. She has obtained a decision (I don't believe in Superior Court; but rather perhaps through the IRS) that she is indeed entitled to the 50% interest. The parties never got around to having the 50% interest in title transferred to her. FYI this was all news to me as the subdivision took place after 2013 etc etc.
3. Step-dad now needs Medicaid LTC - DSHS is counting piece of property/dwelling adjacent to family home as countable resource - does not qualify for the "contiguous" exception because there is a dwelling on it and someone is living there.
4. Thus, plan is to transfer the rightfully owned 50% interest to daughter - this may need to be approved first (?) in superior court because....
5. Mom and step-dad are now incapacitated; AND daughter is their agent under their DPOAs.
I will be happy to provide background; details; etc. but I need to be removed from this. Thus, would need an experienced attorney who can assess the situation for themselves and take the lead. After that is accomplished, mom and step-dad's remaining interest in property/dwelling can then transferred into a sole benefit trust for disabled adult grandchild's actuarial lifetime. No gifting penalty. I'm fine with drafting the trust if appropriate or attorney can. Daughter prefers a King County attorney as property and parties all live in King Co.
Thank-you in advance!
Nancy Lee
Nancy J. Lee
Attorney at Law
1011 E. Main, Ste. 449
Puyallup, WA 98372
253-904-8612 fax 253-904-8736
nancy at nancyleelaw.comcastbiz.net
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20220106/8099bc76/attachment.html>
More information about the WSBARP
mailing list