[WSBAPT] Real Property in Probate

Tue Nov 17 16:05:35 PST 2015

Thank you, Heather.
Just for clarification, the real property is the only asset in this WA
probate.
I think I will do as you suggest.  I will get the QCD and REET executed in
advance (in case Son 2 dies before completion of probate) and record it
after completion of probate.

Best regards,

Ms. Mieko Shikuma
Shikuma Law Offices, PLLC

1833 N. 105th St suite 101
Seattle, WA 98133
206 853 1541
www.shikumalaw.com

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On Tue, Nov 17, 2015 at 3:47 PM, Heather deVrieze <
heatherd at westseattlelaw.com> wrote:

> If this is a situation of a true quit claim, i.e. son 2 is entitled to his
> ½ of the property, isn’t getting non-pro rata distribution of other estate
> assets and is simply “giving” his interest to his brother, I would
> distribute from estate (Personal Representative deed to both sons) then
> have son 2’s QCD recorded.
>
>
>
> If there is something else going on, my answer might be different.
>
>
>
> Heather
>
>
>
>
>
> Heather S. de Vrieze
> *Attorney-at-Law*
>
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>
> Seattle, WA 98116-3705
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>
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> *From:* wsbapt-bounces at lists.wsbarppt.com [mailto:
> wsbapt-bounces at lists.wsbarppt.com] *On Behalf Of *Mieko Shikuma
> *Sent:* Tuesday, November 17, 2015 2:57 PM
> *To:* WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> *Subject:* [WSBAPT] Real Property in Probate
>
>
>
> Dear Real Property guru,
>
>
> Probate procedure will distribute a real property to Son 1 and Son 2
> equally.
>
> Son 1 is the PR.
>
> Before completion of the probate, Son 2 will execute a QCD to Son 1.
>
> Question:
>
> 1.  Should the PR's deed just distribute the real property to just Son 1
> since Son 2 has already executed a QCD for the benefit of Son 1?
>
> 2.  Should the PR still distribute the real property to Son 1 and Son 2
> equally on PR's deed and let the QCD operate and Son 2's after acquired
> interest go to Son 1?
>
> 3.  What is the title company's perspective?
>
> Thank you.
>
> Best regards,
>
> Ms. Mieko Shikuma
> Shikuma Law Offices, PLLC
>
> 1833 N. 105th St suite 101
> Seattle, WA 98133
> 206 853 1541
> www.shikumalaw.com
>
> The addressee of this email is the only intended recipient. If you receive
> this email in error, please notify me immediately of the error and then
> erase it from your computer system.
>
> This email provides only general legal information, and not specific legal
> advice.  Information contained in any email is not a substitute for a
> personal consultation with an attorney.  This message does not provide any
> legal advice, imply an attorney-client relationship, and does not contain
> the signature of the sender or any other party.  Do not rely on this
> message without specific authorization from the sender.
>
> You are not a client of this law firm unless you have paid a retainer and
> signed an attorney/client agreement for representation.
>
> Circular 230 Disclosure:  Pursuant to recently-enacted U.S. Treasury
> Department Regulations, we are now required to advise you that, unless
> otherwise expressly indicated, any federal tax advice contained in this
> communication, including attachments and enclosures, is not intended or
> written to be used, and may not be used, for the purpose of (i) avoiding
> tax-related penalties under the Internal Revenue Code or (ii) promoting,
> marketing, or recommending to another party any tax-related matters
> addressed herein.
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