[WSBARP] Right of First Refusal in PR's Deed

[nestor at pplsweb.com]

My understanding is that the PR has no authority to add such conditions on the deed unless spelled out by testator in the will. They should and are better served by having a tenancy in common agreement.

 

Nestor Gorfinkel, Attorney at Law

Licensed in Washington & Florida

Florida Civil-Law (International) Notary

 

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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Thomas Fiscus
Sent: Friday, September 6, 2019 11:37 AM
To: wsbarp at lists.wsbarppt.com
Subject: [WSBARP] Right of First Refusal in PR's Deed

 

Hi Listmates -

 

Have a question bridging probate and real estate.  I represent the personal representative of an estate.  The personal representative and his brother are the only heirs of the decedent.  Estate consists of 5 parcels of real estate.  The brothers do not want to sell or divide the parcels and are prepared to have the personal rep transfer all parcels to them as tenants in common.  However, the brothers also want to have rights of first refusal should either decide to sell his interest.  Does anyone have experience placing such a covenant in the PR's deed? Is it better to have a separate document which would be filed referring to the various parcels or would such a covenant have to be filed separately for each parcel?  Thoughts and suggestions on this appreciated.

 

Tom Fiscus

 

Law Office of Thomas J. Fiscus

P.O. Box 1167

Eastsound, WA 98245

360-376-3988  

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