[WSBARP] Tricky QPRT Question

[Jenni Volk]

If anyone has any ideas on this one, I'd appreciate it.  Facts: H and W want to create an RLT to avoid probate.  We soon realize that their personal residence is in a QPRT from 2008 but the clients do not believe the QPRT was ever created, no trust docs exist, no tax docs exist, no memories of who the beneficiaries would have been... and the attorney involved is now in prison somewhere.  We'd like to get the residence into the RLT since we don't know anything about the QPRT and clients believe it doesn't exist.  Is there a way to get the residence out of the QPRT and into the RLT?  Some type of corrective deed?  Also, the H has several children from different relationships that he will be disinheriting in the RLT (and there may be more children out there) so some type of TEDRA Agreement to clarify this situation probably won't work.  Any thoughts would be appreciated.

Thanks,
Jenni Volk

The Volk Law Firm PLLC
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