[WSBAPT] Quit claim deed vs. Personal represenative deed
Richard Wills
richardwills at washington-probate.com
Tue Feb 24 13:06:43 PST 2015
*For better or worse, what I've used to distribute real property out of
an estate is what I've called a PR's Deed, which I prepared from a
Quitclaim Deed by specifying its Grantor to be the PR of an estate etc.
I've used my PR's Deed form for years, & so far, have not had any
problem with it unless I somehow screw up its legal description or make
some other dumb mistake like that, such as misspelling a party's name,
Oh, my!*
On 2/24/2015 10:58 AM, Lovie Bernardi wrote:
>
> 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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