[WSBARP] PR deed - what are folks using now?

[Melinda Grout]

Mates,

A couple of years back there was some discussion of whether or not it is wise to use a standard Bargain & Sale Deed as a PR/Fiduciary deed, as there are still warranties being made in that deed that could come back to haunt the PR.  I have since seen some lawyers using a “PR Deed” with essentially quit claim language, and I have seen some uniquely drafted other language not found in the standard deeds, and I wonder how these will stand up to challenge down the road.  I also wonder if, when using other than standard language in PR deeds, it wouldn’t be necessary to reference the granting language with limited covenants in the listing agreement.

I’d appreciate hearing where people are on these matters these days.  For myself, I have still been using Bargain and Sale, but have never felt entirely safe about the whole thing.  

Thanks for any discussion or input.  And have a happy and safe new year!

Regards,

Melinda Grout
Law Office of Melinda K Grout, PS
17325 W. Main Street / P.O. Box 1360
Monroe, WA  98272
360-794-4322  / Fax: 425-744-6745

Emphasizing Estate Planning, Probate, and Elder Law
mkgroutlaw.com

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