[WSBAPT] Probate real property transfer

[Heather de Vrieze]

If you aren't getting title insurance, you have to make the best guess you can, based on your client's interest in certainty and clarity. You could petition to re-open dad's estate with daughter as Personal Representative, then execute a deed confirming all of his interest to mom, then have mom's Personal Representative execute a deed from mom's estate to beneficiary. Or, you could simply have Personal Representative of mom's estate execute one deed, from estate of mom (dec. xx/xx/2009), as the surviving spouse and sole beneficiary of dad (dec. xx/xx/1991). The problem is that when beneficiary daughter goes to sell or finance the property, the title company will review whatever you do and may have additional requirements at that time.

Title insurance would likely be my answer, if I could convince the client to pay for it.

Heather

Heather S. de Vrieze
Attorney-at-Law
[cid:image002.jpg at 01D85B1A.AD0E4320]
3909 California Avenue SW
Seattle, WA 98116-3705
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www.westseattlelaw.com<http://www.westseattlelaw.com/>
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Leighann Hansing
Sent: Thursday, April 28, 2022 3:56 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Probate real property transfer

Thank you. My question is more how to we make the community property information part of the chain of title if there was no community property agreement and both spouses are now deceased?  Is it good enough to just record a PR DEED signed by the PR of mom's estate? It seems like something would be missing.

From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of John McCrady
Sent: Wednesday, April 27, 2022 4:34 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Probate real property transfer

It is entirely possible that no "transfer" was necessary.  If there was a will and wife was the beneficiary, or if there was no will and the property was community property, then it is possible that title will be deemed held by the wife alone at the time of her death.
A review of the husband's probate file may resolve all.

John McCrady
Counsel
Puget Sound Title Company
5350 Orchard Street West
University Place WA 98467
253-476-5721
j.mccrady at pstitle.com<mailto:j.mccrady at pstitle.com>



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From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of Leighann Hansing
Sent: Wednesday, April 27, 2022 4:19 PM
To: wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Probate real property transfer

I feel like this is a relatively straight-forward question but I'm stuck and hoping for help. Thanks so much in advance for your time!

Husband and wife own real property as a married couple.
Husband dies in 1991. The estate is probated. Wife is the PR and presumably the sole beneficiary of the estate. Wife never transfers the title to her name alone.
Wife dies in 2009. PR (daughter) of Wife's estate wants to transfer title by QCD to the appropriate beneficiary (herself).

Since Daughter wasn't PR of Dad's estate, what is the correct method to effect a complete title transfer?


Regards,
Leigh Ann Hansing
Attorney  |  MBA
Mobile: (425) 202-5922
leighann at hansinglegal.com<mailto:leighann at hansinglegal.com>
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