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Gonzaga University School of Law – Spokane, Washington – Class of 2002 – Cum Laude The Latin phrase “Deo patriae, scientiis, artibus” translates to “For God and country through sciences and arts”. The initials A.M.D.G. on the seal of Gonzaga Law School stand for Ad Majorem Dei Gloriam, which is Latin for “For the Greater Glory of God” the Motto of the Society of Jesus (Jesuits): a Catholic religious order founded by St. Ignatius of Loyola.
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“The law must have the last word.” – French President Jacques Chirac in response to rioters in France November 6, 2005
Before 2014 when the Transfer on Death Deed Statute was enacted, the only way to avoid Probate on real estate was a Quitclaim Deed to transfer title to your home into your name as Trustee of your Trust while you are living.
However, this has disadvantages, especially for landlords. If you want to refinance a property in a Trust you have to Quitclaim the property to yourself, get the loan, then Quitclaim back to the Trust, which is expensive. This is necessary because the Trust does not have a credit rating to qualify for the loan.
If you were a landlord before 2014 then you had a choice, you could either Quitclaim your property into an LLC to limit liability or Quitclaim to a Trust to avoid Probate, but you couldn’t do both. Now, you can Quitclaim to an LLC with the Member interest as Trustee of your Trust during your life to limit liability and record a Transfer on Death Deed during your life which does not change the title when recorded. When you pass away, your Successor Trustee records a certified copy of your Death Certificate and the County Recorder transfers the property to the Trust without a Probate Court Order. This is similar to the transfer without Probate for surviving spouses who just record the Death Certificate of their lost partner and the County Recorder removed the name of the deceased and re-titles the property in the surviving spouse’s name as an unmarried individual as sole & separate property.
Transfer on Death Deeds are preferred because they transfer title to your home to your Trust after you pass away and avoid the disadvantages of a property being in a Trust during your life.
Transfer on Death Deeds apply even if the property is in an LLC, so if you have recorded a Transfer on Death Deed on a property, if you later Quitclaim the property into an LLC, the Transfer on Death (TOD) Deed is still effective.
Quitclaiming to a Trust can be useful if you want to give someone a Life Estate, which is the right of a person to live in a house until they die, but not own it so that the proceeds of the sale go to someone else. An example of when this might be used is if a spouse wanted to give their surviving spouse the right to live in the house until they die and then have the proceeds of the sale go to the adult children from a prior marriage. Without the Life Estate, the step-children may have been disinherited.
To Always Be a Human Being First, and My Role Second. To First, Do No Harm, then to provide the best legal outcome, smoothest process, best value, and to make a positive difference in the life of every client.
Christopher S. Mulvaney’s Mantra:
May I be filled with loving kindness for all life. May I be safe from dangers within and without. May I be healthy in body, mind, socially, and spiritually. May I be at ease and happy, doing good in the world.
May You be filled with loving kindness for all life. May You be safe from dangers within and without. May You be healthy in body, mind, socially, and spiritually. May You be at ease and happy, doing good in the world.
I am an experienced solo estate planning, debtor bankruptcy, and real estate attorney. At my law firm in Bellevue, Washington between Eastgate and Factoria, I do things a little differently. I am passionate about helping people take control of their lives.
One of my primary practice areas is urgent (bankruptcy), and the other is important, but not urgent (estate planning). Not letting the urgent crowd out the important is key. I have made a choice to include the positive difference I make in the life of each client in how I calculate profit. This means I have higher job satisfaction, and happy clients who confidently give referrals.
My goal is that my work is transformative for people during a challenging time in their lives. At Mulvaney Law Offices, PLLC (MLO), you will not find a gatekeeper. There are no forgotten cases hiding on an associate’s cluttered desk. It’s just me, working with each one of my clients one-on-one to resolve their legal concerns as favorably as possible.
As your lawyer, I will personally handle every aspect of your case. My office is not a factory churning out thousands of filings per year, where each case matters little. You, and your case, matter to me. You can see what clients have said about me, and leave your own reviews at these links.
Mulvaney Law Offices, PLLC is located in Bellevue, Washington, representing estate planning & chapter 7 and chapter 13 bankruptcy, clients in all 39 Washington Counties.
Washington State residents can meet with me in Zoom/DocuSign from anywhere in the world, and I can notarize their electronic signatures because I am a remote online notary. Just email me an image of your photo ID.
