[WSBAPT] Probate real property transfer

Thu Apr 28 16:26:29 PDT 2022

As John said before, dad's probate may have legally taken care of the 
issue without a deed.  Back in the old days, when title co people would 
actually look at court files, and the concept of transfers by the Court 
was more common, probates were closed and property transferred by a 
Receipt or a Declaration of Completion or an Inventory that showed that 
the beneficiary got the real estate, no recorded deed required.

Very Truly Yours,

Robert R. Cole

Law Office of Cole & Gilday, P.C.

10101 - 270th St. NW

Stanwood, WA 98292

(360) 629-2900 (Telephone)

(360) 629-0220 (Fax)

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On 4/28/2022 4:12 PM, Heather de Vrieze wrote:
>
> 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/
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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 
> <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>
> *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
>
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> *From:* wsbapt-bounces at lists.wsbarppt.com 
> <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
> *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
>
>
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