[WSBAPT] Title question

Mon Oct 15 08:09:38 PDT 2018

I just want to add a great big AMEN to Heather's warning.  The sale of 
real estate out of a guardianship is a remarkably inefficient process 
focused on protection of the incapacitated person.  I had my first 
full-intervention probate last year, which requires the same steps. You 
will have to make three separate court appearances to complete your 
sale,  and publish notice in the middle of it.   If you have another 
feasible option,  use it.

Felicia

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

On 10/12/2018 4:34 PM, Heather deVrieze wrote:
>
> 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
>
> Heather S. de Vrieze*
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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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> Top Ranked Law Firm for 2015 by Fortune Magazine and American Lawyer Media
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