[WSBAPT] question about personal representative deed

[Mike Winslow]

If you do it the way you describe, you will continue the tenancy in common status: 
Bill will own 50% as his separate property and Bill and Wife will own 50% as H and W.
I am assuming the goal is for 100% to be owned by Bill and Wife, as H and W.
 
Bill needs to convey out of the estate the 50% his mom owned. He may convey to himself and spouse. That only addresses 50% of the ownership interest.
To finish the job, he needs to address his half.
So he will wear two hats as Grantor under the deed, one in his capacity as PR (a representative capacity) and one in his capacity as the other tenant in common, as to his separate property.
Thus he also needs to convey his separate property, in his individual capacity.
So he signs the deed twice; once as PR and once individually. The Grantor should reflect both capacities.
 
 
 
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 Jenna Brozik
Sent: Tuesday, September 22, 2020 5:28 PM
To: WSBA Probate & Trust Listserv
Subject: [WSBAPT] question about personal representative deed
 
Hello listmates, 
 
My client is the PR of his mother's estate.(Bill)
There is land titled in Bill's name and his mother's name that needs to be transferred into Bill and Bill's wife's name. 
Bill, acting as PR, is the grantor over his mother's portion of the property but does it need to be clarified that he is acting as a married man and not a PR when transferring his portion of the land to himself and his wife?
(He owns the land outright 50% as tenants in common with his mother (who owned the other 50%)
I was going to just have BIll as PR as Grantor and Bill and his wife as Grantees on the deed.....probably overthinking this one. 
 
Any comments are welcome. 
 
Thanks, 

Jenna Brozik
Attorney at Law
Prinz & Brozik PLLC
445 S Grand Ave
Pullman, WA 99163
(509)338-0908 / (509) 338-3527 (fax)
jennaprinzlaw at gmail.com
 
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