[WSBAPT] How to exit title to estate real property

Fri Feb 19 14:59:05 PST 2021

I did this recently in a probate under similar circumstances.  We titled it a Recission of Prior Deed and the Grantor was the person individually and the Grantee was the person as PR of the Estate.
This put the property back into the Estate.  Look at WAC 458-61A-209 exempting excise tax.

Dalynne Singleton
Gourley Law Group
Snohomish Escrow
The Exchange Connection
1002 10th Street / PO Box 1091
Snohomish, WA 98291
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dalynne at glgmail.com<mailto:dalynne at glgmail.com>
Website:  www.glglawgroup.com

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Lenard Wittlake
Sent: Friday, February 19, 2021 2:48 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] how to exit title to estate real property

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<http://www.lwattorney.com>
Lenard at wittlakelaw.com<mailto:Lenard at wittlakelaw.com>

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