[WSBAPT] Title question

Fri Oct 12 16:34:42 PDT 2018

Candace,

The biggest issue I see is the substantial additional complexity of selling property in a guardianship estate than in a Probate estate. I don't expect Title to have an issue, and I would be inclined to deed to the AIP, but then have the Guardian sign the REETA, but if it is going to be sold, it is infinitely easier for a Personal Representative with nonintervention powers to sell than for a Guardian to sell.

Heather

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Candace Wilkerson
Sent: Friday, October 12, 2018 4:18 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Title question

Hello everyone,

Decedent died in early 2018 without a will.  His spouse receives 100% of the community property as a result.  The main asset of the probate estate is a piece of real property.  The surviving spouse is in a guardianship (person and estate).  The personal representative of the estate wants to do a PR Deed so that the probate estate can be closed before the sale of the real property (no bites for the property listing so far).
The guardian of the estate is the same person as the personal representative of the probate estate.  I am drafting a PR deed from Grantor, PR of the probate estate, to Grantee, Guardian of the Guardianship Estate (same person).  Or should it be conveyed to the individual AIP?  Will any of this cause problems with the property title, if the probate estate closes and then the property is sold?

Thoughts would be appreciated.  My client is inexplicably anxious to close the probate estate, but if there could be title issues I will inform him that probate should remain open until after property sale.

Thanks,
Candace Wilkerson

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