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

Fri Sep 13 11:47:03 PDT 2024

Sarah,

I saw Craig's response about needing a quiet title action.  I doubt the
surviving spouse will cooperate, if you find them.  A title company should
clarify this; would a commissioner appointed by the probate court work or do
you need a quiet title action.

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 Sarah Smith
Sent: Friday, September 13, 2024 10:38 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] PR's Duty RE Transferring Real Property & Divorce

Hello Jeff, 

Divorce decree is on it's way, but I haven't seen it yet. I'm hoping it'll
be detailed enough to clearly show the transfer of the ex-spouse's interest
in this specific home to the decedent as his separate property, but I
realize I can't assume that will be the case. 

Sincerely, 

Sarah C. Smith, JD, LL.M.

We've moved! As of September 1, 2023, our new address is 12900 NE 180th
Street, Suite 230, Bothell, WA 98011.

Condie & Adams, PLLC

12900 NE 180th Street, Suite 230

Bothell, WA  98011

Phone: (425) 450-1040 

Fax: (425) 450-1041

Email:  <mailto:sarah at condieadams.com> sarah at condieadams.com

Web:  <http://www.condieadams.com/> www.condieadams.com

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From:  <mailto:wsbapt-bounces at lists.wsbarppt.com>
wsbapt-bounces at lists.wsbarppt.com <
<mailto:wsbapt-bounces at lists.wsbarppt.com>
wsbapt-bounces at lists.wsbarppt.com> On Behalf Of
<mailto:Jeff at bellanddavispllc.com> Jeff at bellanddavispllc.com
Sent: Friday, September 13, 2024 6:11 AM
To: 'WSBA Probate & Trust Listserv' < <mailto:wsbapt at lists.wsbarppt.com>
wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] PR's Duty RE Transferring Real Property & Divorce

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
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

The information contained in this e-mail message may be privileged,
confidential, and protected from disclosure. If you are not the intended
recipient, any dissemination, distribution, or copying is strictly
prohibited. If you think that you have received this e-mail message in
error, please e-mail the sender at  <mailto:info at bellanddavispllc.com>
info at bellanddavispllc.com  or call 360.683.1129.

From:  <mailto:wsbapt-bounces at lists.wsbarppt.com>
wsbapt-bounces at lists.wsbarppt.com <
<mailto: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:  <mailto:wsbapt at lists.wsbarppt.com> 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.

We've moved! As of September 1, 2023, our new address is 12900 NE 180th
Street, Suite 230, Bothell, WA 98011.

Condie & Adams, PLLC

12900 NE 180th Street, Suite 230

Bothell, WA  98011

Phone: (425) 450-1040 

Fax: (425) 450-1041

Email:  <mailto:sarah at condieadams.com> sarah at condieadams.com

Web:  <http://www.condieadams.com/> www.condieadams.com

Unless otherwise expressly indicated, any federal tax advice contained in
this communication, including attachments and enclosures, is not intended or
written to be used, and may not be used, for the purpose of (i) avoiding
tax-related penalties under the Internal Revenue Code or (ii) promoting,
marketing or recommending to another party any tax-related matters addressed
herein.

PLEASE READ THIS ENTIRE DISCLAIMER

This message is from the Law Office of CONDIE & ADAMS, PLLC, and is intended
only for the addressee.  The information contained in this message is
privileged, confidential, and protected by the attorney-client or attorney
work product privileges.  Unauthorized forwarding, printing, copying,
distribution, disclosure or use of such information is strictly prohibited.
If you are not the addressee, please promptly delete this message and notify
the sender of the delivery error by return e-mail or you may call our office
at (425) 450-1040. Nothing in this message should be interpreted as a
digital or electronic signature that can be used to authenticate a contract
or other legal document.

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