[WSBAPT] REET affidavit execution by PR

[Mike Winslow]

This is bogusness by the Treasurer. Delivery of the deed  before death to
the child was sufficient. The transfer is exempt, as a gift, assuming no
debt. So no tax due; nothing to be gained by the Treasurer being an
obstructionist. Literal reading of 458-61A-201  does state that grantor and
grantee shall sign. But section 303 says the agent of grantor or grantee may
usually sign.
I would go to the DOR excise tax people on this and see if they can
straighten out the Treasurer.
 
The estate could issue a deed and report as a distribution, but the timing
of the gift to child may have bearing on whether the property is included in
the estate for estate tax purposes. If there is no concern with estate tax,
then issuing a new deed and REETA out of the estate may be the path of least
resistance.
 
 
Michael A. Winslow
1204 Cleveland Ave.
Mount Vernon, WA 98273
Ph. 360-336-3321
Em. Mike at winslegal.com
 
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From: wsbapt-bounces at lists.wsbarppt.com
[mailto: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'
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
 
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