[WSBAPT] another one from me

[Philip N. Jones]

If B has the power to exercise the right in the future whenever A tries to sell the property, then I vote to include it in the deed.  That way, no one has to go looking for the will.  It is all of record.
Phil Jones
Portland, OR

Philip N. Jones
Duffy Kekel LLP
900 S.W. Fifth Ave. Suite 2500
Portland, OR 97204
pjones at duffykekel.com<mailto:pjones at duffykekel.com>
(503) 226-1371 – office
(503) 853-1482 – cell
(503) 226-3574 - fax

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Diane J. Kiepe
Sent: Tuesday, October 27, 2020 4:24 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] another one from me

Has anyone out there ever drafted a Right of First Refusal into a Will for real property?  I feel like I must have but am coming up empty.

If you have and you have seen it play out can you tell me when the deed is transferred from estate to “A” subject to ROFR in favor of “B” – do the terms of the ROFR just get repeated on the deed or is the Will referenced for the particulars of the right, how to exercise etc.?  the later makes more sense but I’m struggling – maybe it’s because I’m due to vacation a bit at the end of this week 😉

Diane J. Kiepe

Diane J. Kiepe
Douglas Eden
717 W. Sprague Ave.
Suite 1500
Spokane, WA  99201
djkiepe at depdslaw.com<mailto:djkiepe at depdslaw.com>
509-455-5300

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