[WSBAPT] Quit claim deed vs. Personal represenative deed

[Richard Wills]

On 2/24/2015 1:36 PM, Lovie Bernardi wrote:
>
> 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?
>

*Yes, if the distribution is being made from a testate estate, I provide 
the Will provision.**
*
>
> 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?
>

*Why not include it?**  What am I missing?*

> 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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