[WSBAPT] Specific Devise of Real Property
Jeff at bellanddavispllc.com
Jeff at bellanddavispllc.com
Thu Dec 15 08:54:53 PST 2022
Thanks Phil,
This is a house in a subdivision so the address should work.
Jeff
W. Jeff Davis
BELL & DAVIS PLLC
Attorneys at Law
P.O. Box 510
720 E. Washington Street, Suite 105
Sequim WA 98382
Phone: (360) 683.1129
Fax: (360) 683.1258
email: <mailto:jeff at bellanddavispllc.com> jeff at bellanddavispllc.com
<http://www.bellanddavispllc.com/> www.bellanddavispllc.com
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com>
On Behalf Of Philip N. Jones
Sent: Wednesday, December 14, 2022 5:41 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Specific Devise of Real Property
I don't think you can supplement or correct a will, except by a new will or
a codicil, both of which require the execution formalities of a will. I
think you need a good legal description, or an informal description that
conveys enough information to incorporate all of the various parcels that
you are trying to describe. Of course, if the property is a simple home on
a simple lot, then the address is good enough. Or even "my home on Elm
Street." In more complicated situations, if you can't get a good legal
description, you might say "The twenty acres on Farm Road my father left to
me, together with the adjacent 15 acres I purchased in 1975." But if you
get the number of acres wrong or the date wrong, you might have a problem.
Maybe you need to say "The approximately twenty acres on Farm Road my father
left to me, together with the adjacent approximately 15 acres I purchased in
about 1975." Of course, property tax account numbers and tax lot numbers
help, but be careful of leaving something out. Which is why you might want
to say "together with any adjacent parcels owned by me."
Phil Jones
Philip N. Jones
Duffy Kekel LLP
900 S.W. Fifth Ave. Suite 2500
Portland, OR 97204
<mailto:pjones at duffykekel.com> pjones at duffykekel.com
(503) 226-1371 - office
(503) 853-1482 - cell
(503) 226-3574 - fax
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 Jennifer L White
Sent: Wednesday, December 14, 2022 3:57 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com
<mailto:wsbapt at lists.wsbarppt.com> >
Subject: Re: [WSBAPT] Specific Devise of Real Property
And, add in the Will language something to the effect that the legal
description used herein is based on the information on hand at the time of
the Will's execution and is a best approximation that is subject to later
correction upon survey or receiving further more definitive information
clarifying it.
Jennifer L. White, Esq.
<mailto:jen at appletreelaw.com> jen at appletreelaw.com
PO Box 11037
Yakima, WA 98909
509.225.9813
From: wsbapt-bounces at lists.wsbarppt.com
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<mailto:wsbapt-bounces at lists.wsbarppt.com> > On Behalf Of
Jeff at bellanddavispllc.com <mailto:Jeff at bellanddavispllc.com>
Sent: Wednesday, December 14, 2022 3:51 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com
<mailto:wsbapt at lists.wsbarppt.com> >
Subject: Re: [WSBAPT] Specific Devise of Real Property
I agree this would be the time to clear this up; but, as always, client
wants to sign the new Will ASAP. So I think the answer, here, is to do what
Phil suggests and then follow through with what Christopher suggests.
Jeff
W. Jeff Davis
BELL & DAVIS PLLC
Attorneys at Law
P.O. Box 510
720 E. Washington Street, Suite 105
Sequim WA 98382
Phone: (360) 683.1129
Fax: (360) 683.1258
email: <mailto:jeff at bellanddavispllc.com> jeff at bellanddavispllc.com
www.bellanddavispllc.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 Philip N. Jones
Sent: Wednesday, December 14, 2022 3:32 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com
<mailto:wsbapt at lists.wsbarppt.com> >
Subject: Re: [WSBAPT] Specific Devise of Real Property
True, but if you (or your client) don't want to go to that trouble, just
describe it in a way that is unmistakable, even though it is not the correct
legal description. For example, my home at 1234 Anywhere Street, Spokane WA
99203, together with any adjacent lots owned by me.
Phil Jones
Philip N. Jones
Duffy Kekel LLP
900 S.W. Fifth Ave. Suite 2500
Portland, OR 97204
<mailto:pjones at duffykekel.com> pjones at duffykekel.com
(503) 226-1371 - office
(503) 853-1482 - cell
(503) 226-3574 - fax
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 Britt, Christopher
Sent: Wednesday, December 14, 2022 3:00 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com
<mailto:wsbapt at lists.wsbarppt.com> >
Subject: Re: [WSBAPT] Specific Devise of Real Property
I would use this as an opportunity to clarify what is owned and take care of
it during the lifetime of the testator. Get a survey or title insurance
policy and use the new legal or the newly clarified information to make life
easier for you and them. It will help them sleep more soundly knowing that
they are transferring what they mean to and it will help you sleep more
soundly knowing that you have the correct legal.
Christopher G. Britt, M.A., J.D.
Attorney at Law
1403 S. Grand Blvd., Suite 201-S
Spokane, WA 99203-2278
P: 509.455.3713
D: 509.316.2131
F: +1.509.455.3718 (must dial 1 before area code)
E: <mailto:christopher at lucentlaw.com> christopher at lucentlaw.com
Web: www.lucentlaw.com
On Wed, Dec 14, 2022 at 2:56 PM <Jeff at bellanddavispllc.com
<mailto:Jeff at bellanddavispllc.com> > wrote:
Listmates:
Client wants to specifically devise a piece of property. I usually include
the full legal description in the Will. However, there is confusion as to
the correct legal description. There appears to be overlapping deeds;
several correction deeds, that involve two properties. For a specific
bequest of real property, is it suffice to use just the street address; or
couple it with the assessor's tax id?
Jeff Davis
W. Jeff Davis
BELL & DAVIS PLLC
Attorneys at Law
P.O. Box 510
720 E. Washington Street, Suite 105
Sequim WA 98382
Phone: (360) 683.1129
Fax: (360) 683.1258
email: <mailto:jeff at bellanddavispllc.com> jeff at bellanddavispllc.com
www.bellanddavispllc.com
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