[WSBAPT] Transfer of Interests in Real Property

[Philip N. Jones]

I share Mark's curiosity.  Down here in Oregon, we have a similar statute.  I have never understood what effect it has.
Perhaps it is similar to the early vesting rule we have down here, which provides that assets in a trust or estate vests at the earliest possible moment, usually at the death of the testator (or trustor) unless the document states otherwise.  So if I die, my assets vest in my kids, even if one of them dies the next day, unless my will states otherwise.  But my estate still needs to go through probate for formal title to pass by a PR's deed.
Does anyone have a different take on that statute?
Phil Jones

Philip N. Jones
Duffy Kekel LLP
900 S.W. Fifth Ave. Suite 2500
Portland, OR 97204
pjones at duffykekel.com<mailto:pjones at duffykekel.com>
(503) 226-1371 - office
(503) 853-1482 - cell
(503) 226-3574 - fax

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Mark Anderson
Sent: Tuesday, May 30, 2023 10:13 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Transfer of Interests in Real Property

Dear Listmates:

It has oft been said (indeed it is said below) that "real property, its rights and burdens, vest in the devisee at death, subject only to claims against the estate."

How, then, does this premise circumvent or supersede the requirements of RCW 64.04.010 that conveyances and encumbrances are to be by deed?  I acknowledge the "PROVIDED" language in that statute, but I am not clear on the mechanics involved.

And how would you expect a title search to reveal such a transfer?

In advance, thanks for your input.

Mark B. Anderson
ANDERSON LAW FIRM PLLC
821 Dock St  Ste 209  PMB 4-12
Tacoma, Washington 98402
+1 253-327-1750
+1 253-327-1751 (fax)
marka at mbaesq.com<mailto:marka at mbaesq.com>
www.mbaesq.com<http://www.mbaesq.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 Diane J. Kiepe
Sent: 05/28/2023 1:54 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Rental income from an asset subject to a specific bequest?

The rent should definitely follow the specific bequest of the home.  The question is what if anything, of that rent was used to pay expenses for that property (a potential and likely offset).  Real Property, its rights and burdens, vest in the devisee at death, subject only to claims against the estate.

In fact, and I would be the PR did not do this, the estate was likely to be required to file a 1041 since death since the filing threshold is gross income over $600 - heck, that is typically under one month's rent.

Good luck.

Diane J. Kiepe

Diane J. Kiepe
Douglas Eden
717 W. Sprague Ave.
Suite 1500
Spokane, WA  99201
djkiepe at depdslaw.com<mailto:djkiepe at depdslaw.com>
509-455-5300

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 Bruce Moen
Sent: Thursday, May 25, 2023 5:08 PM
To: wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Rental income from an asset subject to a specific bequest?

Any authority to segregate the rental income of a residence during probate administration?

The Will has a specific bequest (specific devise?) of the residence to a person.  That person does not share in the residue.

Assume that the residue is ample to pay all costs of the probate and that the rental income is not needed to make the estate solvent.

What if the renter is the PR and the PR takes the residue?

 Long administration of years.

Seems unfair that the PR paying the rent gets all of the rental returned via the residue whereas the Devisee gets nothing.

Thanks,

  Bruce Moen

***************************
Bruce R. Moen
Moen Law Offices PS
1200 5th Avenue, Suite 625
Seattle, WA 98101
206-441-1156


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