[WSBAPT] Quit claim deed vs. Personal represenative deed

[Lovie Bernardi]

Dear listmates,

 

Is there any problem with using a quit claim deed to transfer decedent's
portion of real estate to the surviving spouse instead of a PR deed? The
will instructs that the PR (surviving spouse) divide the community
property into two equal portions, one half will be survivor's property
and the decedent's half will be put into a trust. The will gives the PR
full discretion in dividing the property. One half of the property has
already been placed into the trust, so I want to transfer the remaining
real estate to the survivor. It seems like the description of the will
provisions that would be included in a PR deed would be overly
complicated and it would be better to use a quit claim deed. Because the
survivor wants the property to go into the trust to avoid an ancillary
probate, I am then planning to file a transfer on death deed for the
entire property. Does anyone see any issues with this plan or have
advice on how to proceed? Thank you in advance for your input.

 

Lovie Bernardi

Attorney at Law

Seligmann & Flaherty, PLLC

216 First AVE S, #450

Seattle, WA  98104

(206) 682-2616

 

lovie at sbfirm.com <mailto:joni at sbfirm.com> 

http://sbfirm.com <http://sbfirm.com/> 

 

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