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

[Craig Gourley]

I will let others with more knowledge of PR duties comment on if the property with a clouded title can/should be transferred to the beneficiary.   On the matter of clearing it, I would first look at the divorce decree language to see if it was essentially transferred by court order or if the order stated that the spouse was supposed to record a QCD.

I would try to contact the former spouse and see about a QCD as the least expensive resolution.  Failing that and depending on the language of the decree, a quiet title action would be used to either appoint a special master to sign a QCD or have the court order it transferred and record a certified copy of the judgement.   All of these are time consuming and not convenient but will get the cloud removed.

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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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