[WSBAPT] Quit claim deed vs. Personal represenative deed

Tue Feb 24 16:16:29 PST 2015

Thank you, Tara. Your email was very helpful, and confirmed my thought
that trying to include what the will provisions said would add nothing
but the chance for confusion.

From: wsbapt-bounces at lists.wsbarppt.com
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Tara
Sent: Tuesday, February 24, 2015 3:54 PM
To: 'WSBA Probate & Trust Listserv'
Subject: Re: [WSBAPT] Quit claim deed vs. Personal represenative deed

This sounds like a classic nonpro rata distribution.  I'd just list WAC
458-61A-202(2) for the excise tax exemption to indicate what you are
doing in terms of distributions and simplify the language in the deed
itself.

The minimum requisites under the Washington Conveyances statute (RCW
64.04) are:

1. A grantor

2. A grantee

3. Consideration

3. Words of conveyance

4. A legal description

5. Signature of grantor, notarized

6. Delivery and acceptance 

The TOD Deed has a few extra requirements under its own RCW Chapter.

The words of conveyance within the deed are the magic words that
determine the deed type and effect, such as the warranties given by the
grantor and the legal rights acquired by the grantee.

RCW 64.04.030 - Warranty Deed

"conveys and warrants to"

The Statutory Warranty Deed conveys five specific covenants against
title defects: warranty of seisin, warranty of right to convey, warranty
against encumbrances, warranty of quiet possession, and warranty to
defend.

RCW 64.04.040 - Bargain and Sale Deed

"bargains, sells and conveys to"

The scope of warranties provided by the Bargain and Sale Deed are the
warranty of seisin and warranty against encumbrances, and are limited to
encumbrances created, permitted, or suffered by the grantor, and do not
extend to those of any prior owners.

RCW 64.04.050 - Quitclaim Deed

"conveys and quitclaims to"

The Quitclaim Deed includes no express warranties, and does not extend
to after acquired title, unless specifically referenced in the deed.

The title at the top of the document, whether it is "PR Deed" or "Quit
Claim Deed" or something else, is largely irrelevant.  I've seen "Quick
Claim" by a DIY pro se.  It's the words of conveyance that are key.
There are a myriad of cases out there that have muddled out the meaning
of various deed forms, especially those of an overzealous drafter that
comingled words of conveyance from the differing deed forms.  Stick to
the statutory language for the words of conveyance.

Additional language may be included to limit or add specific warranties,
add after acquired title, provide background information, context or
clarity for a title review officer, heirs, later owners, etc.  But
anything beyond the required elements is optional and depends on the
specific situation.  If it is just going to confuse, then leave the
extra language out.

Also, keep in mind that much of the supplemental information may be able
to be provided directly to the necessary parties by other outside
documentation, such as the estate inventory, a copy of the will, a
schedule of trust assets, or a report by the PR.  In many cases, this
may add a desired layer of privacy for the individuals involved.  I tend
to keep any extra information in the deed to a minimum, such as just an
identification of the estate, court, and case number, or clarification
of math for fractional shares, especially now that deeds are easily
internet accessible public records.

Tara M. Roberts

Puget Sound Law

roberts at pugetsoundlaw.com

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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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