November 10, 2025 Update - New Document Template - Title Holding Trusts

For Washington and Oregon:

A new document template to draft a revocable trust meant for the limited purpose of holding title to out-of-state real estate (i.e., a “title holding trust”) has been added. Under the Library, a new “Other Trusts” folder exists.

Document Interview:

This new document will produce a shorter form, single-purpose-type of trust, for married or single clients. For married clients, this trust will keep the real estate in the title holding trust (designed to be QTIP-able or OSMP-electable), and at the second spouse’s death, the trust distributes in the same manner as the client’s residuary clause of their estate plan. 

NOTE that in the Title Holding Trust, a general power of appointment is granted to the Trustor (if single) and the surviving Trustor (if married). In Agile EP’s estate planning forms, this title holding trust would be included in the decedent’s table estate under IRC section 2041 (as a power of appointment asset), and the residue of the estate (either Will or Revocable Trust) would be responsible for the taxes on the assets inside of the Title Holding Trust.  This is done to avoid the sale of the Title Holding Trust asset to pay tax (as a default).  You may wish to allocate taxes differently.