[WSBAPT] Personal Representative's Deed
John J. Sullivan, Esq.
sullaw at comcast.net
Sun Jul 29 14:08:45 PDT 2018
There are three statutorily defined forms of deeds. "Personal
Representative" is not one of them. What people usually mean by the term is
a deed that falls within the definition of a "Bargain and Sale" deed,
because it lacks certain representations and warranties a fiduciary, unlike
the deceased owner, cannot be expected to make that are in a Warranty Deed"
used in sales by actual owners. I specifically reference "Bargain and Sale"
deed in REPSAs entered into by estates. Title companies understand the
terms.
http://app.leg.wa.gov/rcw/default.aspx?cite=64.04
John J. Sullivan
From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com>
On Behalf Of David Sweeney
Sent: Sunday, July 29, 2018 1:46 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Personal Representative's Deed
I have noticed that sometimes a purchase and sale agreement will provide
that the deed from the seller will be by a personal representative's deed. I
don't think that is accurately descriptive of what warranties the deed
should contain. I don't believe there is any statutory definition of a
personal representative's deed.
I don't believe the phrase, "Not Statutory," means anything, except that it
is not provided for by statute.
It seems to me that it would be best for everybody to describe what
warranties the deed should contain.
In making a distribution from an estate, I don't think it hurts to title the
form of deed, "personal representative's deed, " and then either use
language from a Quit Claim deed or for a bargain and sale deed, if the
executor does not want to make warranties.
On Jul 29, 2018, at 1:19 PM, Rod Harmon <rodharmon at msn.com
<mailto:rodharmon at msn.com> > wrote:
Why does the form personal representative deed have the notation (not
Statutory)? It has the same words of conveyance of a bargain and sale deed,
so it really is a statutory bargain and sale deed which should incorporate
the statutory warranties for that type of deed. But adding "not Statutory"
to the form creates an ambiguity. Is it a way of nullifying the statutory
warranties? And if so, why doesn't the form contain any express warranties?
Rod Harmon
RODNEY T. HARMON
Attorney at Law
P.O. Box 1066
Bothell, WA 98041
Tel: (425) 402-7800
Fax: (425) 458-9096
www.rodharmon.com <http://www.rodharmon.com>
rodharmon at msn.com <mailto:rodharmon at msn.com>
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[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Stuart Heller
Sent: Friday, July 27, 2018 4:07 PM
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Subject: Re: [WSBAPT] Personal Representative's Deed
See Personal Representative's Deed at
https://www.wsba.org/for-legal-professionals/join-the-legal-profession-in-wa
/limited-practice-officers/lpo-forms
<https://nam03.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.wsba.
org%2Ffor-legal-professionals%2Fjoin-the-legal-profession-in-wa%2Flimited-pr
actice-officers%2Flpo-forms&data=02%7C01%7C%7C9abba29824ed4282db6308d5f416d3
0a%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C636683301221796728&sdata=DoJ
kASM172zwHcad8W9uUXL3nh%2B7sUVizyM6YmGYRuQ%3D&reserved=0> . It is the last
one on the list.
Stu
Stuart A. Heller
Law Office of Stuart A. Heller
6127 NE Keswick Drive
Seattle, WA 98105
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<mailto:wsbapt-bounces at lists.wsbarppt.com> > On Behalf Of Conor Buie
Sent: Friday, July 27, 2018 12:47 PM
To: wsbapt at lists.wsbarppt.com <mailto:wsbapt at lists.wsbarppt.com>
Cc: crystal at lambertlawpllc.com <mailto:crystal at lambertlawpllc.com>
Subject: [WSBAPT] Personal Representative's Deed
Does anyone on the list have a PR deed he/she would be willing to share? I
don't seem to have one in my forms, and versions found online vary quite
significantly.
Conor P. Buie, Esq.
Associate Attorney
Lambert Law Office PLLC
900 Washington Street, Suite 1010
Vancouver, WA 98660
phone (360)737-1473
fax (360)859-5259
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