[WSBAPT] Title question

Mon Oct 15 13:11:14 PDT 2018

Look at Estate of Westhall, 423 P.3d 930.

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com>
On Behalf Of John McCrady
Sent: Monday, October 15, 2018 12:25 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Title question

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 <mailto:j.mccrady at pstitle.com> 

From: wsbapt-bounces at lists.wsbarppt.com
<mailto: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
<mailto: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

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 
 <mailto:cwilkerson at wongfleming.com> cwilkerson at wongfleming.com

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From: wsbapt-bounces at lists.wsbarppt.com
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[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

3909 California Avenue SW

Seattle, WA 98116-3705                          

(206)938-5500 

 <mailto:heatherd at westseattlelaw.com> heatherd at westseattlelaw.com 

 <http://www.westseattlelaw.com/> www.westseattlelaw.com 

Click here to connect with de Vrieze | Carney on Facebook:
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From: wsbapt-bounces at lists.wsbarppt.com
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<mailto: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  <mailto:wsbapt at lists.wsbarppt.com>
<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

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 
 <mailto:cwilkerson at wongfleming.com> cwilkerson at wongfleming.com

  _____  

Before proceeding, please note: If you are not a current client of Wong
Fleming, please do not include any information in this e-mail that you or
someone else considers to be of a confidential or secret nature. Wong
Fleming has no duty to keep confidential any of the information you provide.
Neither the transmission nor receipt of your information is considered a
request for legal advice, securing legal services or retaining a lawyer. An
attorney-client relationship with Wong Fleming or any lawyer at Wong Fleming
is not established until and unless Wong Fleming agrees to such a
relationship as reflected in a separate writing. 

IRS Circular 230 disclosure: To ensure compliance with requirements imposed
by the IRS, we inform you that any U.S. federal tax advice contained in this
communication (including any attachments) is not intended or written to be
used, and cannot be used, for the purpose of (a) avoiding penalties under
the Internal Revenue Code or (b) promoting, marketing or recommending to
another party any transaction or matter addressed herein. 

THIS ELECTRONIC MAIL TRANSMISSION AND ANY ATTACHMENTS MAY CONTAIN
PRIVILEGED, CONFIDENTIAL, OR PROPRIETARY INFORMATION INTENDED ONLY FOR THE
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OR THE AUTHORIZED REPRESENTATIVE OF THE INTENDED RECIPIENT, YOU ARE HEREBY
NOTIFIED THAT ANY DISTRIBUTION, COPYING, OR DISCLOSURE OF THIS COMMUNICATION
IS STRICTLY PROHIBITED.

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