[WSBAPT] Quit claim deed vs. Personal represenative deed

[Lovie Bernardi]

Thanks, Heather!

Sent from my iPhone

> On Feb 24, 2015, at 12:04 PM, Heather deVrieze <heatherd at westseattlelaw.com> wrote:
> 
>  
> A QCD is almost certainly fine. I use a bargain and sale deed, often calling it a Personal Representative Deed, but recognizing that the statute only identifies a Quit Claim Deed, a Bargain and Sale Deed or a Warranty Deed, I use the conveyance language spelled out in RCW 64.04.040.
>  
> As to the use of a Transfer on Death Deed to avoid ancillary probate, I have not explored the use of a TOD deed to transfer property to a trust, but all of these steps will need to be done such that a title insurance company can understand what happened and will insure a subsequent sale.
>  
> Heather S. de Vrieze
> Attorney-at-Law
> <image004.jpg>
> 3909 California Avenue SW
> Seattle, WA 98116-3705                         
> (206)938-5500
> heatherd at westseattlelaw.com
> www.westseattlelaw.com
>  
> Click here to connect with de Vrieze | Carney on Facebook:   <image003.png>
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> From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Lovie Bernardi
> Sent: Tuesday, February 24, 2015 10:59 AM
> To: wsbapt at lists.wsbarppt.com
> Subject: [WSBAPT] Quit claim deed vs. Personal represenative deed
>  
> 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
> http://sbfirm.com
>  
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