[WSBARP] Deed Question - REETA with Two Possible Exemptions

[Mark Anderson]

Poster on another listserv asked the following question.
Client owns real property in Mason County. Title is held by client individually and as Trustee of his deceased spouse's Credit Trust. Client wants to give his daughter the property and the Credit Trust enables him (the Trustee) to distribute the Trust ownership in the property to his daughter.
I intended to prepare a single Deed conveying title from client in his personal and fiduciary and Trustee capacity to his daughter using the Gift exemption (WAC 458-61A-201) and distribution from irrevocable trust exemption (WAC 458-61A-210). My research indicates, however, that Counties and the DOR will NOT accept two WAC Exemptions on a single REETA.
Must I prepare and record TWO Deeds and two REETAs, one conveying title from the surviving spouse to the daughter and one from the Irrevocable Trust to the daughter?
Here is my reply to the post:
I would consider naming both your individual client and your trustee client as grantors on the deed.  Although two WAC exemptions could apply, I think you should only need to use the gift exemption because that could apply to both grantors.
Do any of you have alternate opinions on this?  If so, I will pass them on.
Happy Friday!
Mark B. Anderson
ANDERSON LAW FIRM PLLC
821 Dock Street, Suite 209, PMB 4-12
Tacoma, Washington 98402
+1 253-327-1750
+1 253-327-1751 (fax)
marka at mbaesq.com<mailto:marka at mbaesq.com>
www.mbaesq.com<http://www.mbaesq.com/>
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