[WSBAPT] Deed signed prior to death (not recorded and no REETA executed)

[Heather de Vrieze]

Julie,

I would consider opening probate to execute a new deed (inheritance) based on the provision of the Will. While I can see arguments on both sides of this, I am concerned that the lifetime deed (gift) would not qualify the beneficiary for a step-up in basis, or would be harder to argue when the deed/REETA/supplement are executed as a gift.

Probate and a deed out of the estate provides clarity. (for title too)

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 Julie Martiniello
Sent: Thursday, January 4, 2024 10:08 AM
To: Trust and Probate Section <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Deed signed prior to death (not recorded and no REETA executed)

Hello All,

I have a Client where Decedent executes a deed transferring title prior to his death. However, no REETA was done and the deed was not recorded. This is the only asset in the estate. Client intends to keep the property and no plans to sell or finance- or I would just ask the title company their requirements. Decedent's Will also bequeathed property to the Client.

My thoughts are that no one has legal authority to sign as the Grantor(or Agent for Grantor), without being appointed as PR by a court. It seems like a lot to open a probate for this one signature. I wanted to see if anyone has thoughts on if there are any other solutions or if someone can sign the REETA on behalf of the Decedent without a probate?

--

Respectfully,

Julie Martiniello, Partner
Dimension Law Group, PLLC
Office:  206-973-3500│Fax:  206-577-5090
Email: julie at dimensionlaw.com<mailto:synthia at dimensionlaw.com>
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