[WSBAPT] Beneficiary Transfer During Probate

[Mark Anderson]

Keep in mind that the father executed and recorded a quitclaim deed, transferring only the interest that the father held at the time of recording.  Absent other information, it sounds like the father had no such interest to convey.

Mark B. Anderson
ANDERSON LAW FIRM PLLC
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Tacoma, Washington 98402
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Marcus Fry
Sent: Wednesday, September 10, 2025 9:24 AM
To: Thomas Fiscus <tjf at thomasjfiscus.net>; WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Beneficiary Transfer During Probate

Check with title company what they want to see happen.  The deed is likely ineffectivey because a probate was opened and PR did not make the transfer.

-Marcus

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 Thomas Fiscus
Sent: Wednesday, September 10, 2025 9:21 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] Beneficiary Transfer During Probate

* NOTICE: EXTERNAL EMAIL *
________________________________
Listmates:  A new one for me.  Real property in wife's name only.  Wife dies intestate.  Husband (disabled) and son still living in the property.  Daughter (of Decedent and the husband) is the functional one and is appointed administrator.  Two months after appointment (and notice to beneficiaries has been sent, Notice to Creditors, etc. all completed and filed), husband/father records a Quitclaim Deed transferring the property to himself in consideration of "inheritance."  PR has a buyer for the house and intends that bulk of the funds from the sale will support the husband/father for assisted living.  Does undoing the Quitclaim transfer require a separate action or can it be handled through the ongoing probate?  Suggestions appreciated.

Tom Fiscus


Law Office of Thomas J. Fiscus
Box 1167
Eastsound, WA 98245
Ph 360-298-0534
WSBA # 44741

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