[WSBAPT] Deed of PR - need to include easements?

[Eric Nelsen]

Technically the estate of the first spouse to die has jurisdiction over the entirety of community property, so even though the surviving spouse has a community interest, the Estate is the sole seller and is wholly exempt from Form 17 disclosures per RCW 64.06.010(6)<http://app.leg.wa.gov/RCW/default.aspx?cite=64.06.010>. (This is part of the logic that the marital community terminates at death of a spouse, and therefore all community debts, assets, etc. must be administered as part of the probate administration.) Magee v. Big Bend Land Co., 51 Wash. 406, 408, 99 P. 16 (1909) (administration of first spouse's estate had jurisdiction and authority to sell the entire community real property).

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 Kailei Feeney
Sent: Thursday, March 29, 2018 10:50 AM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Deed of PR - need to include easements?

I agree about the lack of necessity for making warranties, absent of course actual knowledge your client may have about the property.

If the wife is on title now though and “inheriting” her spouse’s community interest, then I still think she would need to disclose.

Have you talked with a title company?  I would get one on board now to pull title and be there to insure the transfer to the future buyer.

Kailei
Kailei B. Feeney
Attorney-at-Law
3909 California Avenue SW
Seattle, WA 98116-3705
(206)938-5500
kailei at westseattlelaw.com<mailto:kailei at westseattlelaw.com>
www.westseattlelaw.com<http://www.westseattlelaw.com/>
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. Unless you have previously signed an engagement agreement with this firm, and the firm has accepted you as a client, NO exchange of information by virtue of emails or communications will create any attorney client relationship, including any duty of confidentiality, between sender and/or recipient.
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 michael at westseattleattorney.com<mailto:michael at westseattleattorney.com>
Sent: Thursday, March 29, 2018 9:53 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] Deed of PR - need to include easements?

Have you considered if they do not transfer now but sell from Probate, they do not have to fill out form 17 - warranties?

[cid:image001.png at 01D3C74D.E4659C70]

-------- Original Message --------
Subject: Re: [WSBAPT] Deed of PR - need to include easements?
From: Felicia Value <felicia at skagitprobate.com<mailto:felicia at skagitprobate.com>>
Date: Thu, March 29, 2018 8:34 am
To: wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>

Well,  you can always punt by adding,  "Subject to all easements,  covenants,  codes and restrictions of record."  But I'd defer to someone like Mike Winslow for a real answer.

On 3/28/2018 7:46 PM, Brent Williams-Ruth wrote:
List -

I am doing my first Deed of PR transfer for a home that is in a planned community. The title report included 3 pages of easements from the original development back in 1990. I know that it not part of the legal description, but I am curious as to whether they need to be included as, say an Exhibit, to show the continuity of the easement. The property is being inherited by the surviving spouse who will then be listing for sale.

Appreciate the guidance on that!

Thanks,

Brent

--
Brent Williams-Ruth
Founding Member
BWR Consulting, PLLC
Phone: (425) 830-5134
e-mail<mailto:brent at bwrconsults.com> / website<http://www.bwrconsults.com> / facebook<http://www.facebook.com/bwrconsults>



_______________________________________________

WSBAPT mailing list

WSBAPT at lists.wsbarppt.com<mailto:WSBAPT at lists.wsbarppt.com>

http://mailman.fsr.com/mailman/listinfo/wsbapt


--

Felicia Value

Attorney at Law

PO Box 578/116 N. Third

La Conner,  WA 98257

(360) 466-2088

Felicia at skagitprobate.com<mailto:Felicia at skagitprobate.com>

________________________________
_______________________________________________
WSBAPT mailing list
WSBAPT at lists.wsbarppt.com<mailto:WSBAPT at lists.wsbarppt.com>
http://mailman.fsr.com/mailman/listinfo/wsbapt
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20180329/9a54437b/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.png
Type: image/png
Size: 51981 bytes
Desc: image001.png
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20180329/9a54437b/image001.png>