[WSBARP] Limited Warranty Deed vs Quit Claim

[Kary Krismer]

I think you raise a valid argument about a warranty claim arising while 
the case is open.  I'm not seeing an injury post-deed recording being a 
concern.  Is there some tort liability that reaches prior owners of 
property?  And if there is, I'm not seeing that a QCD would cut that off 
because the tort claim wouldn't be based on a deed warranty.

There may be another underlying issue.  Are estate PR's authorized to 
grant warranties?  I'm pretty sure bankruptcy trustees think they don't 
have that authority (an issue I've never looked into).

Kary L. Krismer
206 723-2148

On 4/26/2021 9:02 AM, Rod Harmon wrote:
>
> Dwight:
>
> I know the statute barring claims after two years post-death. But a 
> probate could be open for several years after death.  What statute 
> applies to bar claims that arise during administration?  Say an injury 
> on estate real property?
>
> Rod Harmon
>
> **
>
> *RODNEY T. HARMON*
>
> *Attorney at Law*
>
> P.O. Box 1066
>
> Bothell, WA   98041
>
> Tel:   (425) 402-7800
>
> Fax:  (425) 458-9096
>
> www.rodharmon.com <http://www.rodharmon.com>
>
> rodharmon at msn.com <mailto:rodharmon at msn.com>
>
> *From:*wsbarp-bounces at lists.wsbarppt.com *On Behalf Of *Dwight Bickel
> *Sent:* Friday, April 23, 2021 12:35 PM
> *To:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
> *Subject:* Re: [WSBARP] Limited Warranty Deed vs Quit Claim
>
> I often laughed at the arguments between PRs as Grantors and 
> purchasers about warranties. Over and over the PR would sign a 
> standard form P&SA that agreed to provide a SWD, then the lawyer would 
> invest the Estate’s assets in hundreds of dollars of attorney’s fees 
> to force a quitclaim PR deed instead. The fees seemed wasteful 
> considering the bar to claims against an estate. What good are the 
> warranties after the estate is closed?
>
> Carl’s offer of a limited warranty for a PR deed is slightly better 
> than the usual zero warranty. And, no different than a full warranty 
> deed after the estate is closed.
>
> Dwight A. Bickel
>
> Real Property Title Advisor
>
> Washington Title Professional
>
> Dwight at DwightBickel.com <mailto:Dwight at DwightBickel.com>
>
> https:/dwightbickel.com
>
> 206-484-1976
>
>
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