[WSBAPT] Quit claim deed vs. Personal represenative deed

Tue Feb 24 13:55:35 PST 2015

Not sure it matter so much what title you give the deed - the operative language is what is important.

Without regard to the deed; my question is do you divide in half by geography or by value? Does this qualify as a testamentary transfer such that not required to subdivide the property? Who gets what ½ between Trust and Spouse? Are you contemplating a TIC arrangement without dividing the property physically? 

Sincerely,

Tom

Thomas J. Westbrook

Attorney at Law

Rodgers, Kee & Card

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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 1:37 PM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Quit claim deed vs. Personal represenative deed

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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