[WSBAPT] how to exit title to estate real property

[Eric Nelsen]

I think I might avoid the issue and treat the bad deed as a cloud on title rather than a valid conveyance, and not address it until the estate is ready to convey the property. So, the estate can deed the property as appropriate-to a buyer, or to the heirs or whatever-and then PR does a QCD to the same grantees to clear up any lingering issue.

Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
206-625-0092
eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.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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