[WSBAPT] Title question

Mon Oct 15 12:24:33 PDT 2018

I understood  this property to be community property; how does the probate estate of the husband sell the half owned by the incapacitated wife?
I was not aware the probate court would have that authority.

John McCrady
Counsel
Puget Sound Title Company
5350 Orchard Street West
University Place WA 98467
253-476-5721
j.mccrady at pstitle.com

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Jane Bitz
Sent: Monday, October 15, 2018 12:10 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Title question

Candace:
The AIP is the heir, but the PR can sell the home from the Estate and distribute the cash to the Guardianship estate. Keeping the estate open to complete this transaction is not a huge burden, it just simplifies the sale.
Jane.

Jane G Bitz
Of Counsel
Wolff, Hislop & Crockett, PLLC
12209 E Mission, Suite 5
Spokane Valley WA 99206-4824
(509) 927-9700; FAX (509) 777-1800
jbitz at whc-attorneys.com<mailto:jane at jbitzlaw.com>
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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 Candace Wilkerson
Sent: Monday, October 15, 2018 11:55 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Title question

Thanks, Felicia and Heather!   I wish I did have another option, but in this case...none because the AIP is the heir.  I completely agree that it's inefficient and time-consuming, and it costs the guardianship a ridiculous amount.

Candace

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Top Ranked Law Firm for 2015 by Fortune Magazine and American Lawyer Media
Candace Wilkerson  | Senior Associate  |  Wong Fleming
________________________________
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From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Felicia Value
Sent: Monday, October 15, 2018 8:10 AM
To: wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Title question

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<mailto: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
Attorney-at-Law
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3909 California Avenue SW
Seattle, WA 98116-3705
(206)938-5500
heatherd at westseattlelaw.com<mailto:heatherd at westseattlelaw.com>
www.westseattlelaw.com<http://www.westseattlelaw.com/>

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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 Candace Wilkerson
Sent: Friday, October 12, 2018 4:18 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com><mailto: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
Candace Wilkerson  | Senior Associate  |  Wong Fleming
________________________________
10675 Willows Road NE, Suite 250  |  Redmond, WA 98052
Phone: 425.869.4040  |  Fax: 425.869.4050
cwilkerson at wongfleming.com<mailto:cwilkerson at wongfleming.com>
________________________________

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