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

Thu Mar 29 13:29:00 PDT 2018

While I agree with Eric’s analysis, in practice I believe title will want the spouse to sign the deed in their individual capacity too.

Michael A. Winslow
1204 Cleveland Ave.
Mount Vernon, WA 98273
Ph. 360-336-3321
Em. Mike at winslegal.com

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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Eric Nelsen
Sent: Thursday, March 29, 2018 11:15 AM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Deed of PR - need to include easements?

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 
 <mailto:kailei at westseattlelaw.com> kailei at westseattlelaw.com 
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of michael at westseattleattorney.com
Sent: Thursday, March 29, 2018 9:53 AM
To: WSBA Probate & Trust Listserv <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?  

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

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-- 
Felicia Value
Attorney at Law
PO Box 578/116 N. Third
La Conner,  WA 98257
(360) 466-2088
Felicia at skagitprobate.com

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