[WSBARP] Tricky QPRT Question

[Lynn Clare]

I guess I am struggling with:  If there is "no QPRT", what makes everyone
believe that the residence is in it?

On Fri, Jun 14, 2024 at 10:50 AM Jenni Volk <jenni at volklawfirm.com> wrote:

> 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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