[WSBAPT] Probate real property transfer

Fri Apr 29 09:14:30 PDT 2022

You could have daughter complete and file an affidavit setting out the circumstances of the transfer to dad when mom passed away. I've done that once or twice when, even though title knows that the transfer has occurred by virtue of community property law or some other means, the County wants something filed and the excise tax exemption claimed before they will remove the deceased person from the tax rolls. Not sure if that's the case here, but that is one way to get the information in the chain.

Your friendly local title officer should be able to give you some direction as to what they would like to see in order to insure title in the future.

Jen

Jennifer M. Johnson

Title Officer | Attorney
Wahkiakum Title & Escrow Co.
Hanigan Law Office, PS
68 Main Street / P.O. Box 39
Cathlamet, WA 98612
(360) 795-3494
(360) 795-3001 (f)
www.wahtitle.com

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------- Original Message -------
On Thursday, April 28th, 2022 at 4:26 PM, Robert R. Cole <cole-gilday at stanwoodlaw.net> wrote:

> 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)
>
> This message contains confidential and privileged information that is intended only for the named recipient(s).Unless you are the named recipient or authorized agent thereof, you are prohibited from reading, copying, distributing or otherwise disseminating such information.If you receive this communication in error, please notify the sender immediately.
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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
>>
>> 3909 California Avenue SW
>>
>> Seattle, WA 98116-3705
>>
>> (206)938-5500
>>
>> heatherd at westseattlelaw.com
>>
>> [www.westseattlelaw.com](http://www.westseattlelaw.com/)
>>
>> Click here to connect with de Vrieze | Carney on Facebook: [FB Logo](https://www.facebook.com/DeVriezeCarney)
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>> From: 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: Thursday, April 28, 2022 3:56 PM
>> To: WSBA Probate & Trust Listserv [<wsbapt at lists.wsbarppt.com>](mailto: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
>>
>> Beginning July 26, 2021, recording fees for most documents recorded in Washington [will increase by $100](https://nam12.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.piercecountywa.gov%2FDocumentCenter%2FView%2F105275%2FRecording-Fee-Schedule-Effective-Jul-25-2021-&data=05%7C01%7C%7Ce2cb8942388246b45e4308da28a7ba50%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C637866998098520877%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=mKt8UJbpyn8ONHrdNMrX%2BDmQcgM7KCJZ%2F4sAZMQGqZs%3D&reserved=0). Please be sure to collect recording fees accordingly. Due to the above increase, our Reconveyance fees will also be increased by $100.00
>>
>> WARNING-FRAUDULENT FUNDING INSTRUCTIONS
>>
>> Email hacking and fraud are on the rise to fraudulently misdirect funds. Please call your escrow officer immediately using contact information found from an independent source, such as the sales contract or internet, to verify any funding instructions received. We are not responsible for any wire sent by you to an incorrect bank account.
>>
>> 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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