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

[Mark Anderson]

If the decree says that the parties shall execute a quitclaim deed to transfer the property, then I recommend you contact the surviving spouse's attorney who handled the dissolution and let them track down the surviving spouse.

When I have done quiet title actions in the past, I have requested that the court appoint me as a trustee with power to execute whatever deeds are necessary to transfer the property.

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 <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Jeff at bellanddavispllc.com
Sent: Friday, September 13, 2024 11:47 AM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] PR's Duty RE Transferring Real Property & Divorce

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: jeff at bellanddavispllc.com<mailto:jeff at bellanddavispllc.com>
www.bellanddavispllc.com<http://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 info at bellanddavispllc.com<mailto:info at bellanddavispllc.com>  or call 360.683.1129.


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 Sarah Smith
Sent: Friday, September 13, 2024 10:38 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto: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: sarah at condieadams.com<mailto:sarah at condieadams.com>
Web: www.condieadams.com<http://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.

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 Jeff at bellanddavispllc.com<mailto:Jeff at bellanddavispllc.com>
Sent: Friday, September 13, 2024 6:11 AM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com<mailto: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: jeff at bellanddavispllc.com<mailto:jeff at bellanddavispllc.com>
www.bellanddavispllc.com<http://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 info at bellanddavispllc.com<mailto:info at bellanddavispllc.com>  or call 360.683.1129.


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 Sarah Smith
Sent: Thursday, September 12, 2024 7:07 PM
To: wsbapt at lists.wsbarppt.com<mailto: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: sarah at condieadams.com<mailto:sarah at condieadams.com>
Web: www.condieadams.com<http://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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