[WSBAPT] PR Deed Question

[Eric Nelsen]

I think the answer depends on what the PR wants to do – just transfer the interest and be done with the estate, or do a little digging to try to clean up title.

If the mother and her spouse did not have a community property agreement or a JTWROS, then technically yes, there probably should be a probate open for the mother's spouse in order to transfer the title. However, since the mother's spouse died 5 to 6 years ago, a title insurance company might well be willing to simply insure around the lack of probate, so the lack of formality will not ultimately be a practical problem.

If it is not going to be cleaned up, I would do the PR deed as a quit claim so that it is without warranty as to title. I do not think the PR has a duty to clean up title, but only to transfer title in whatever condition it was in when the decedent had it.

Sincerely,

Eric

Eric C. Nelsen
SAYRE LAW OFFICES, PLLC
1320 University St
Seattle WA  98101-2837
phone 206-625-0092
fax 206-625-9040







From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of David Faber
Sent: Friday, February 05, 2016 2:01 PM
To: WSBA Probate & Trust Listserv
Subject: [WSBAPT] PR Deed Question

Client is PR for mother's estate. Mother died in 2015. Mother's spouse died about 5 or 6 years ago. The couple owned a house as a marital community. After first spouse died, the mother never executed/recorded any deeding instrument transferring the real property to her name. Now, PR is trying to deed the property to one of the heirs in accordance with the terms of the Mother's will. Because the real property is/was community property, should I be concerned about first spouse's name being on title when I prepare a PR deed transferring the property out of the mother's estate? I'm just worried about there being an oddity in the title report if we never evidence what happened to first spouse's interest.

Any guidance would be much appreciated.

Best,
David J. Faber
Faber Feinson PLLC
210 Polk Street, Suite 1
Port Townsend, WA 98368
(360) 379-4110

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