[WSBAPT] Quit claim deed vs. Personal represenative deed
Richard Wills
richardwills at washington-probate.com
Wed Feb 25 09:07:19 PST 2015
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/>
>
> **********
>
> This e-mail may contain information that is privileged,
> confidential or otherwise protected from disclosure. If you are
> not the intended recipient or otherwise have received this message
> in error, you are not authorized to read, print, retain, copy or
> disseminate this message or any part of it. If you are not the
> intended recipient or otherwise have received this message in
> error, please notify us immediately by e-mail, discard any paper
> copies and delete all electronic files of the message. /Circular
> 230 Notice: This communication may not be used by you or any
> other person or entity for the purpose of avoiding any federal tax
> penalties./
>
>
>
>
> _______________________________________________
>
> WSBAPT mailing list
>
> WSBAPT at lists.wsbarppt.com <mailto:WSBAPT at lists.wsbarppt.com>
>
> http://mailman.fsr.com/mailman/listinfo/wsbapt
>
>
>
> _______________________________________________
> WSBAPT mailing list
> WSBAPT at lists.wsbarppt.com
> http://mailman.fsr.com/mailman/listinfo/wsbapt
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20150225/a04d0a9b/attachment.html>
More information about the WSBAPT
mailing list