[WSBAPT] Personal Representative's Deed

[Rod Harmon]

Well, the whole point of a statutory warranty deed and a statutory bargain and sale deed is to incorporate the warranties set forth in the statute so you don’t have to set them out in the deed.  And if you use a statutory quit claim deed, then the whole point is that there are no warranties.  And what distinguishes these three types of deeds is that they have different words of conveyance.  Use the statutory conveyance words and you incorporate the statutory warranties. I don’t think the title of the deed makes  a whit of difference.  The statutes don’t use titles to distinguish the different deeds. The statutes distinguish deeds by the conveyance formula.  There is nothing that says you can’t have a perfectly valid deed that is not in one of the statutory forms.  “Grantor conveys Blackacre to Grantee”  works fine.  But if grantee wants any warranties for that conveyance, he better insist that they be spelled out explicitly in the deed because there is no statute that will incorporate them.  While it makes no difference what  title you give the deed, the minute you label the deed as “not statutory” you are signaling the intent NOT to incorporate any statutory warranties.  I think the drafter of that form was thinking just the opposite.  What he should have put in parentheses was: (statutory bargain and sale deed).


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>



From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Scott Osborne
Sent: Sunday, July 29, 2018 2:08 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Personal Representative's Deed

I believe the intention is to alert users to the fact there is no statutory form of “personal representative deed.”  The form is a bargain and sale deed, so persons using the form need to be comfortable with the warranties implied by the form. If you don’t want to give those warranties, you need to draft your own form or give a quit claim.
Scott Osborne

scott.osborne at foster.com<mailto:scott.osborne at foster.com>
206 447-6293 - Direct Line
206 359-5454 Cell

Sent from my iPad

On Jul 29, 2018, at 1:04 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<https://nam04.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.rodharmon.com&data=02%7C01%7C%7C97c98bd7b3544310b49508d5f598bff5%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C636684958751731979&sdata=eLcS8KXNsWSbRPxImL4l5NgJywZh7ZlgwnXNj6TdXAs%3D&reserved=0>
   rodharmon at msn.com<mailto:rodharmon at msn.com>




From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Stuart Heller
Sent: Friday, July 27, 2018 4:07 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
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-practice-officers%2Flpo-forms&data=02%7C01%7C%7C9abba29824ed4282db6308d5f416d30a%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C636683301221796728&sdata=DoJkASM172zwHcad8W9uUXL3nh%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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From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<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
conor at LambertLawPLLC.com<mailto:conor at LambertLawPLLC.com>
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