[WSBAPT] REET affidavit execution by PR

[Anna Franz]

Parent gifts parcel of property to Child via quit claim deed. Deed is never recorded and no REET affidavit executed by Parent. Parent dies.

Child, who is also personal representative of Parent's Estate, tries to file REET affidavit under gift exemption in WAC 458-61A-201 signing as PR on behalf of grantor. County and Department of Revenue claim that WAC 458-61A-201(5)(a)'s requirement that the supplemental "statement must be signed by both the grantor and the grantee" cannot be satisfied by the Child signing as PR.

Any suggestions on challenging this interpretation would be greatly appreciated. Thanks in advance.


Anna Franz
Lemargie Kenison Franz And Whitaker
107 D Street NW / PO Box 965
Ephrata, WA 98823
Voice: (509) 754-2493
Fax: (509) 754-4022
E-mail: afranz at basinlaw.com

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