[WSBAPT] PR's Duty RE Transferring Real Property & Divorce

[Jeff at bellanddavispllc.com]

Sarah,

 

First, talk with a title company.  See what their title officers prefer to
insure title.  Its possible you can have the Court appoint you as a
commissioner on behalf of the decedent's spouse to transfer that spouses
interest to the decedent or estate.  Look at RCW 6.28.  Do you have a copy
of the divorce decree?

 

Jeff Davis

 

W. Jeff Davis

BELL & DAVIS PLLC

Attorneys at Law
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email: jeff at bellanddavispllc.com <mailto:jeff at bellanddavispllc.com> 
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com>
On Behalf Of Sarah Smith
Sent: Thursday, September 12, 2024 7:07 PM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] PR's Duty RE Transferring Real Property & Divorce

 

Hello Everyone, 

 

I have a decedent who left a specific gift of real estate to a charity in
his Will. I am confident the charity will want to list the property for sale
as soon as they receive it. Unfortunately, it appears that the decedent's
spouse is still listed as a joint owner on the last vesting deed - a new
quitclaim deed was never recorded after the divorce. Given that the divorce
was decades ago and no one kept in contact with the ex-spouse, tracking her
down for a quitclaim deed would not be ideal. Has anyone run into a
situation like this? 

 

Given the PR's responsibility to transfer the decedent's property to the
appropriate beneficiaries, is it enough to simply execute a PR deed
transferring the decedent's interest in the property to the beneficiary? Or
does the PR owe a greater duty to the beneficiary when transferring such
property? And what is the most efficient way to tackle a situation like
this?

 

Thanks!

 

Sincerely, 

 

Sarah C. Smith, JD, LL.M.

 

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