[WSBAPT] Form 17 in an estate

[Mike Winslow]

RCW 64.06.010
Application — Exceptions for certain transfers of real property.
	
This chapter does not apply to the following transfers of real property:

     (1) A foreclosure or deed-in-lieu of foreclosure;

     (2) A gift or other transfer to a parent, spouse, domestic partner,
or child of a transferor or child of any parent, spouse, or domestic
partner of a transferor;

     (3) A transfer between spouses or between domestic partners in
connection with a marital dissolution or dissolution of a state registered
domestic partnership;

     (4) A transfer where a buyer had an ownership interest in the
property within two years of the date of the transfer including, but not
limited to, an ownership interest as a partner in a partnership, a limited
partner in a limited partnership, a shareholder in a corporation, a
leasehold interest, or transfers to and from a facilitator pursuant to a
tax deferred exchange;

     (5) A transfer of an interest that is less than fee simple, except
that the transfer of a vendee's interest under a real estate contract is
subject to the requirements of this chapter;

     (6) A transfer made by the personal representative of the estate of
the decedent or by a trustee in bankruptcy; and

     (7) A transfer in which the buyer has expressly waived the receipt of
the seller disclosure statement. However, if the answer to any of the
questions in the section entitled "Environmental" would be "yes," the
buyer may not waive the receipt of the "Environmental" section of the
seller disclosure statement.
See attached memo for more info on how to instruct the PR about selling
real estate out of an estate. This is my own take on the subject, with an
eye toward limiting liability of the PR and estate.
 
Michael A. Winslow
1204 Cleveland Ave.
Mount Vernon, WA 98273
Ph. 360-336-3321
Em. Mike at winslegal.com
 
This message is from an attorney, so it’s confidential. If you are not the
intended recipient, it’s too late to stop reading this message, but you
may not use it for any improper purpose. Huge Disclaimer available upon
request.
 
From: wsbapt-owner at lists.wsbarppt.com
[mailto:wsbapt-owner at lists.wsbarppt.com] On Behalf Of Kerry Richards
Sent: Tuesday, June 10, 2014 1:46 PM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Form 17 in an estate
 
Dear Listmates:
I have an estate with residential real estate to sell here in King County.
The agent has presented the Personal Representative with a form 17 to
prepare and sign.  Given the PR is not the owner of the property and does
not have firsthand knowledge of the facts surrounding the condition, is
this Form 17 required.  Can the PR waive its preparation?  If they must
prepare it, can the PR simply indicate “I do not know”?  
I am sure this has been asked before, but I simply do not recall the
answer.  Your insight is much appreciated.
 
Yours truly,
 
Kerry A. Richards
_____________________
Bradshaw & Richards, P.S.
3302 Fuhrman Avenue East, Suite 202
Seattle, WA 98102
Phone: (206) 622-3444
Fax:  (206) 622-3007
Email: KRichards at brad-rich-law.com
Web: www.brad-rich-law.com <http://www.brad-rich-law.com/> 
 
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Information provided on this list should not be considered legal advice.
As with all lists - let the reader beware! No warranties or
representations are made as to the accuracy of any information provided.
All opinions and comments in this message represent the views of the
author and do not necessarily have the endorsement of the Washington State
Bar Association nor its officers or agents. 
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