[WSBAPT] Quit claim deed vs. Personal represenative deed

[Richard Wills]

*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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