[WSBARP] Referral needed RE Transfer of interest in property (King County)

[Nancy Lee]

Thank-you for the reply Kristi.  I agree Katie Marrs is fantastic!  To clarify, I'm really looking for someone not so much to consult on the Medicaid aspect, but rather an attorney who can assist with appropriately transferring the property interest.  It's not just having someone draw up a deed, but rather someone who can review what documentation the client has that supports her assertion that she is entitled to have that interest transferred to her without it being considered a "gift" or self-dealing.  This might require some type of confirmation through the court - I'm not sure.  I need to be arms-length on this and am hoping there is an attorney who is comfortable with assisting in resolving this for the client.  Because the client is also the agent for the principals, who are incapacitated, this needs to proceed with that also in mind, and any potential assertions of self-dealing or shenanigans properly addressed and incorporated into the solution.

Best,
Nancy

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



From: Kristi L. Richards <KRichards at skellengerbender.com>
Sent: Thursday, January 6, 2022 1:27 PM
To: Nancy Lee <nancy at nancyleelaw.comcastbiz.net>
Subject: Fwd: [WSBARP] Referral needed RE Transfer of interest in property (King County)

I would suggest they talked to Katie Marrs.


https://www.brothershenderson.com/attorney/marrs-katie/

She could prepare a deed. She is also fantastic at Medicaid planning and can prevent them from making any disabling mistakes. There is something odd about the ownership though. The irs cannot make a state law determination about who owns real property.

Good luck. Your clients are in a very frustrating place!






Kristi L. Richards

Attorney

skellenger bender

TRUST AND ESTATE PRACTICE

Estate Planning | Probate



PHONE 206.623.6501<tel:+12066236501> | FAX 206.447.1973<tel:+12064471973>

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1301 Fifth Ave., Suite 3401 | Seattle, WA 98101

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Subject: [WSBARP] Referral needed RE Transfer of interest in property (King County)

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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<mailto:nancy at nancyleelaw.comcastbiz.net>





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