[WSBAPT] House

Wed Apr 9 09:56:58 PDT 2014

Of course, willing buyer and seller can waive all sorts of things, but a
Personal Representative is statutorily exempt from a disclosure statement
and the liability that comes with it.  If the sale is likely to occur
within the year following death, I generally advise clients to keep estate
open and sell as Personal Representative.  

Heather

Heather S. de Vrieze
Attorney-at-Law

3909 California Avenue SW

Seattle, WA 98116-3705                          

(206)938-5500 

 <mailto:heatherd at westseattlelaw.com> heatherd at westseattlelaw.com 

 <http://www.westseattlelaw.com/> www.westseattlelaw.com 

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From: wsbapt-owner at lists.wsbarppt.com
[mailto:wsbapt-owner at lists.wsbarppt.com] On Behalf Of Marcus Fry
Sent: Wednesday, April 09, 2014 9:44 AM
To: 'wsbapt at lists.wsbarppt.com'
Subject: RE: [WSBAPT] House

Steven brings up a good point, but you don’t need to keep it in the estate
to do that. Even in friend’s individual name get waiver of disclosure and
do a special warranty deed, unless friend is going to live in the property
for a while.

Marcus J. Fry

Lyon, Weigand & Gustafson, P.S. 
Adoption Attorney*

P.O. Box 1689 
Yakima, Washington  98907 
Telephone:  (509) 248-7220 
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From: wsbapt-owner at lists.wsbarppt.com
[mailto:wsbapt-owner at lists.wsbarppt.com] On Behalf Of Steve Stovall
Sent: Wednesday, April 09, 2014 9:32 AM
To: wsbapt at lists.wsbarppt.com
Subject: RE: [WSBAPT] House

By selling from estate no need to do a seller’s disclosure and can use a
PR deed to buyer (no warranties or at least only minimal if bargain and
sale form).

Best Regards, 

Steven L . Stovall

Solution Law

6107 Lake Grove St. S.W.

Lakewood,  Wa. 98499

Tel. 253-235-4044

Fax 253-883-4055

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From: wsbapt-owner at lists.wsbarppt.com
[mailto:wsbapt-owner at lists.wsbarppt.com] On Behalf Of John McCrady
Sent: Wednesday, April 09, 2014 9:24 AM
To: WSBA RPPT Probate & Trust Discussion Forum
Subject: [WSBAPT] House

A basic question, I hope:

A friend’s mother recently passed away.  My friend has been appointed PR
with non-intervention powers.  He is sole heir, and the main asset of the
estate is her house, worth about $150,000.

He questions whether he should:

1 )Convey the property to himself, and then sell the house when he is
ready to do so, or

2) Sell the property as PR.

Is there a capital gains advantage, or any other advantage, going one way
or the other?

Any guidance I can get would be appreciated.

John McCrady

Counsel

Puget Sound Title Company

5350 Orchard Street West

University Place WA 98466

253-476-5721

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