[WSBAPT] Real Property in Probate

[Heather deVrieze]

Mieko,

Just to be clear, I don’t think you need to record after completion of probate necessarily, but after deed to both sons in distribution of the estate is recorded.

It may also possible to have son 2 execute a disclaimer for the same effect. If it is a straight up gift, consider the potential gift tax consequence.

Heather

Heather S. de Vrieze
Attorney-at-Law
[cid:image001.jpg at 01D013C2.30F35160]
3909 California Avenue SW
Seattle, WA 98116-3705
(206)938-5500
heatherd at westseattlelaw.com<mailto:heatherd at westseattlelaw.com>
www.westseattlelaw.com<http://www.westseattlelaw.com/>

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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 4:06 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Real Property in Probate

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<http://www.shikumalaw.com>

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On Tue, Nov 17, 2015 at 3:47 PM, Heather deVrieze <heatherd at westseattlelaw.com<mailto: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
[cid:image001.jpg at 01D013C2.30F35160]
3909 California Avenue SW
Seattle, WA 98116-3705
(206)938-5500<tel:%28206%29938-5500>
heatherd at westseattlelaw.com<mailto:heatherd at westseattlelaw.com>
www.westseattlelaw.com<http://www.westseattlelaw.com/>

Click here to connect with de Vrieze | Carney on Facebook:   [FB Logo] <https://www.facebook.com/DeVriezeCarney>

CONFIDENTIAL & PRIVILEGED. This e-mail message may contain legally privileged and/or confidential information.  If you have received this e-mail in error, please notify the sender immediately and delete all copies of this e-mail message and any attachment.

From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto: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<mailto: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<tel:206%20853%201541>
www.shikumalaw.com<http://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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