[WSBARP] Separate or Community Property in a Revocable Living Trust

[Jeff at bellanddavispllc.com]

I assume both spouses signed the deed transferring the property into trust?
If [grantor 1] is the named trustee, I do not believe it changes the
property's character.  

 

Jeff Davis

 

W. Jeff Davis

BELL & DAVIS PLLC

Attorneys at Law
P.O. Box 510

720 E. Washington Street, Suite 105
Sequim WA 98382
Phone: (360) 683.1129 
Fax: (360) 683.1258 
email:  <mailto:jeff at bellanddavispllc.com> jeff at bellanddavispllc.com
 <http://www.bellanddavispllc.com/> www.bellanddavispllc.com
 
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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com>
On Behalf Of Jan Kelly
Sent: Tuesday, March 11, 2025 1:40 PM
To: wsbarp at lists.wsbarppt.com; elder-law-section at list.wsba.org
Subject: [WSBARP] Separate or Community Property in a Revocable Living Trust

 

Spouses have a WA joint RLT.  5 parcels of land were deeded to "[grantor 1],
Trustee of the [xyz trust]." Does the deed's failure to include Grantor 2 in
the vesting language create a separate property interest in Grantor 1?
Should we prepare an amendment to the Trust to confirm that the 5 parcels
are indeed community property of the trust? Would it be sufficient to list
those 5 parcels on the community property schedule to the trust? Is there
anything more we need to do regarding the deed? The clients want to ensure
it is held as community property in the trust. Thank you in advance!

 

Jan Kelly, JD, MBA
Attorney at Law

JK Law
PO Box 1964
Poulsbo, WA 98370
Direct Line (702) 338-6733

Licensed in Nevada and Washington.

 

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