[WSBAPT] how to exit title to estate real property

[Lenard Wittlake]

Greetings,

 

Decedent died testate.  Erstwhile PR, not yet appointed, followed bad advice
and deeded estate property to self.  There are factors which made it seem
like the right thing to do at the time, at least to a lay person.  Years
later PR comes to us, probate is commenced and PR appointed.  Now another
beneficiary is complaining and wants the property "returned" to the estate.
PR has no objection to doing so (always intended to deal with the property
pursuant to the will, eventually).

 

Question is who is the grantee on the deed?  Title vests immediately at date
of death in heirs or devisees not the estate, but record title is left in
decedent's name until property is distributed to a beneficiary or purchaser.
Estate is not a legal entity no matter what the IRS website says (but estate
can be a taxpayer).  Fictional entities exist because there is a statute
that says they exist.  So should it be deeded to the decedent, or to the PR
as PR, or to the estate?  I think to the PR as PR of the estate.  Closest
authority I find is RCW 11.48.090 that says an action to recover any
property may be maintained by and against PR. 

 

Another option is to just ask the probate court to invalidate the conveyance
to self.  If the court entered an order voiding the deed for lack of
authority wouldn't that clear title? 

 

 

Thank you,

 

Lenard L Wittlake, PLLC

Attorney & Counselor at Law

22 East Poplar Street, Suite 202

P.O. Box 1233

Walla Walla, WA 99362

(509) 529-1529 voice

(509) 850-3515 fax

www.lwattorney.com

Lenard at wittlakelaw.com

 

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