[WSBAPT] Personal Representative's Deed
Mike Winslow
mike at winslegal.com
Mon Jul 30 13:25:46 PDT 2018
Which I acquired when I started in practice with Colonel Betz 35 years ago.
Michael A. Winslow
1204 Cleveland Ave.
Mount Vernon, WA 98273
Ph. 360-336-3321
Em. Mike at winslegal.com
This message is from an attorney, so it's confidential. If you are not the
intended recipient, it's too late to stop reading this message, but you may
not use it for any improper purpose. Huge Disclaimer available upon request.
From: wsbapt-bounces at lists.wsbarppt.com
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Eric Nelsen
Sent: Monday, July 30, 2018 1:01 PM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Personal Representative's Deed
I should have said--the deed form that I use, I cribbed from Mike Winslow's
work. Thanks Michael!
Sincerely,
Eric
Eric C. Nelsen
SAYRE LAW OFFICES, PLLC
1417 31st Ave South
Seattle WA 98144-3909
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 Mike Winslow
Sent: Monday, July 30, 2018 12:47 PM
To: 'WSBA Probate & Trust Listserv'
Subject: Re: [WSBAPT] Personal Representative's Deed
Eric has captured the all of the meaningful particulars on this topic,
including the substance of the discussion between Dwight and me. Eric's
supplied form of deed is what I recommend. It offers little in the way of
warranties; less than a Bargain and Sale Deed. The LPOS are not authorized
to prepare this form; only the BSD.
When selling property out of Trust, where the original trustor has passed
away, I also try to negotiate for a BSD on sale, if at all possible.
Michael A. Winslow
1204 Cleveland Ave.
Mount Vernon, WA 98273
Ph. 360-336-3321
Em. Mike at winslegal.com
This message is from an attorney, so it's confidential. If you are not the
intended recipient, it's too late to stop reading this message, but you may
not use it for any improper purpose. Huge Disclaimer available upon request.
From: wsbapt-bounces at lists.wsbarppt.com
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Eric Nelsen
Sent: Monday, July 30, 2018 11:38 AM
To: WSBA Probate & Trust Listserv
Cc: crystal at lambertlawpllc.com
Subject: Re: [WSBAPT] Personal Representative's Deed
I agree with Rod Harmon--the LPO form
<https://www.wsba.org/for-legal-professionals/join-the-legal-profession-in-w
a/limited-practice-officers/lpo-forms> "PR Deed" (Form 74-16) is merely a
bargain and sale deed with a different title. So, for that matter, is the
"Special Warranty Deed" (Form 16-09). The title means nothing in terms of
interpretation of the deed; case law is quite clear that what matters is the
conveyance language, when it comes to determining what warranties go with
the deed. "Conveys and warrants" means it's a statutory warranty deed. RCW
64.04.030 <http://app.leg.wa.gov/RCW/default.aspx?cite=64.04.030> .
"Bargains, sells, and conveys" means it's a bargain and sale deed. RCW
64.04.040 <http://app.leg.wa.gov/RCW/default.aspx?cite=64.04.040> . "Conveys
and quitclaims" means no warranties. RCW 64.04.050
<http://app.leg.wa.gov/RCW/default.aspx?cite=64.04.050> .
Of course a deed can also add or subtract from the warranties that were
incorporated by the specific conveyance language, but I would argue
vociferously that the subtraction of a warranty has to be expressly stated
in the body of the deed. An ambiguous phrase like "not statutory" placed in
the title of the document has no substantive effect against a clear
invocation of bargain and sale warranties in the conveyance language.
It is possible to have a deed that says "bargains, sells, and conveys" in
the conveyance language, but also includes a clause that expressly
subtracts/cancels any and all warranties that would arise by statute--which
results effectively in a quitclaim deed. But again, that needs to be in the
body of the deed, not in the title.
I had a long exchange some years back (on which listserve I can't remember)
with Mike Winslow and Dwight Bickel about deed warranties. It appears to me
that the purpose of a PR deed is to allow a PR to effectively promise to the
buyer: "Here's my deed. I don't know exactly what interest the decedent had
in the property, but whatever it is, I'm conveying it to you. If the
decedent allowed an impairment of title, that's your problem and I'm
offering no warranty against that. But I am promising that I as PR have not
impaired title to the property since I was appointed, and if anyone sues you
claiming that I did so, I will defend your title against that claim."
So, in a contract to sell decedent's property, I include the following term:
Title shall be conveyed by a Personal Representative's Deed with only the
following warranty language: "The Grantor, for itself and for its successors
in interest, hereby expressly limits the covenants of the Deed to those
herein expressed, and excludes all covenants arising or to arise by
statutory or other implication, and does hereby covenant that against all
persons whomsoever lawfully claiming or to claim by, through or under said
grantor, and not otherwise, grantor will forever warrant and defend the same
described real estate."
Then, my deed form is (I use a "^" as a reminder to provide the necessary
information at that spot):
DOCUMENT TITLE: PERSONAL REPRESENTATIVE'S DEED
GRANTOR(S): ^[decedent], Estate of
^[PR's name], PR
GRANTEE(S): ^[purchaser]
LEGAL DESCRIPTION: [abbreviated legal]
See p. ^ for complete legal
description.
TAX PARCEL NUMBER: ^
THE GRANTOR, ^, as Personal Representative of the Estate of ^,
^King County Superior Court Case #^, for $10 and other good and valuable
consideration, grants, confirms, and conveys to ^ the following described
real estate, situated in the County of ^, State of Washington:
^[legal description]
SUBJECT TO easements, covenants, conditions, and restrictions of public
record.
The Grantor, for itself and for its successors in interest,
hereby expressly limits the covenants of the Deed to those herein expressed,
and excludes all covenants arising or to arise by statutory or other
implication, and does hereby covenant that against all persons whomsoever
lawfully claiming or to claim by, through or under said grantor, and not
otherwise, grantor will forever warrant and defend the same described real
estate.
Date:____________________
Estate of ^
By:________________________________
^,
PR
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that ^ is
the person who appeared before me, and said person acknowledged that s^he
signed this instrument, and said person acknowledged that s^he was
authorized to execute the instrument and acknowledged it as the Personal
Representative of the Estate of ^, King County Superior Court Case #^, to be
the free and voluntary act of said Estate for the uses and purposes
mentioned in the instrument.
Date:____________________
__________________________________
Signature of
NOTARY
__________________________________
Printed name of
NOTARY
NOTARY PUBLIC in
and for the State
of Washington,
residing at ____________
My commission
expires: ______________
Sincerely,
Eric
Eric C. Nelsen
SAYRE LAW OFFICES, PLLC
1417 31st Ave South
Seattle WA 98144-3909
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 Conor Buie
Sent: Friday, July 27, 2018 12:47 PM
To: wsbapt at lists.wsbarppt.com
Cc: 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
<mailto:conor at LambertLawPLLC.com> conor at LambertLawPLLC.com
<http://www.lambertlawpllc.com/> www.lambertlawpllc.com
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