[WSBAPT] REET affidavit execution by PR

[Karl Flaccus]

We've been through a similar circumstance.  In our case, we appealed the refusal-to-record to the State Department of Revenue, arguing that the conveyance had occurred by deed regardless of the fact that the deed had not been recorded.  The Department ruled in our favor, and we got the deed and REETA recorded.  As a fall back, we considered getting a court order, but that would have been more expensive.

Karl Flaccus

FLACCUS LAW
7010 35th Ave. N.E.
Seattle, Washington  98115
206 523-0297

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Anna Franz
Sent: Tuesday, April 02, 2019 3:04 PM
To: 'wsbapt at lists.wsbarppt.com' <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] REET affidavit execution by PR

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<mailto:afranz at basinlaw.com>

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