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

[Mark Higgins]

Melinda--I typically have my PRs do a quitclaim deed, and call it a
quitclaim deed, where the estate conveys all it has without any warranty.​
I have never heard of beneficiaries having any problem with this.  Is there
any reason you know of why this wouldn't work?

Mark

On Wed, Dec 31, 2014 at 1:11 PM, Melinda Grout <mkgroutlaw at gmail.com> wrote:

> 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
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-- 
Mark T. Higgins
Mark T. Higgins, P.C.
P.O. Box 57
Darrington, WA 98241
206-491-2420
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