[WSBAPT] Quit claim deed vs. Personal represenative deed

[Lovie Bernardi]

Richard,

 

Do you also include a section that refers to the specific provision(s)
of the will that specify that the grantee receives the property under
the will? There is such a section in the PR deed that I've used in the
past. This is where I run into an issue with using a PR deed in this
specific case, because the will says divide the community property in
half, half to the living trust, half to surviving spouse, rather
specifically bequeathing the particular property or the residue to the
survivor. Can I leave that out and just include the language about the
grantor being the appointed PR? Thanks for your input.

 

Lovie

 

From: wsbapt-bounces at lists.wsbarppt.com
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Richard Wills
Sent: Tuesday, February 24, 2015 1:07 PM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Quit claim deed vs. Personal represenative deed

 

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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