[WSBARP] Deed to Family Partnership

[Mark Anderson]

I based most recent response to this post on the assumption that the "family" partnership was not an "association of two or more persons to carry on as co-owners a business for profit."  If my assumption was indeed correct, then RCW 25.05 would not apply.  See, RCW 25.05.005 (6) for the definition of "Partnership" for the purpose of that chapter.

Mark B. Anderson
ANDERSON LAW FIRM PLLC
821 Dock St  Ste 209  PMB 4-12
Tacoma, Washington 98402
+1 253-327-1750
+1 253-327-1751 (fax)
marka at mbaesq.com<mailto:marka at mbaesq.com>
www.mbaesq.com<http://www.mbaesq.com/>
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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Bryce Dille
Sent: Thursday, July 25, 2024 4:40 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Deed to Family Partnership

I believe you are correct as a result of the uniform partnership act that was passed in 1998 it appears the advice that I was referring to with old advice that I had received prior to that date since I have not had an opportunity to deal with partnerships since limited liability companies were authorized but I believe that was a defect under the old partnership act concerning a partnership holding property independent of the partners thank you for the education

Bryce H. Dille
Dille Law, PLLC
1800 Cooper Point Road SW Bldg 11
Olympia, WA 98502
Office: 360-350-0270
Cell: 253-579-5561

PLEASE NOTE:  our new address above.

** Please note that I use the dictation feature of my iPhone and that sometimes everything I say does not get properly translated**




[R_Alan_Swanson-WH-200]

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From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com>> On Behalf Of John McCrady
Sent: Thursday, July 25, 2024 4:27 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] Deed to Family Partnership

I think RCW 25.05 is pretty clear that a partnership can hold real estate, so I don't know why title companies would tell you that they cannot.
I would insure a mortgage or sale by "Johnson and Baker, a Washington General Partnership" upon review of the Partnership Agreement.


John McCrady
Counsel
Puget Sound Title Company
5350 Orchard Street West
University Place WA 98467
253-476-5721
j.mccrady at pstitle.com<mailto:j.mccrady at pstitle.com>


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From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com>> On Behalf Of Bryce Dille
Sent: Thursday, July 25, 2024 3:52 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] Deed to Family Partnership

I have been told by the title companies that a partnership of itself should not be named the grantee but instead the partners should be named as the grantees and then DBA of the partnership that there is some question as to whether a partnership since it is not an entity in and of itself is incapable of holding title to real estate the real estate can only be held and the name of the partners doing business as the partnership therefore I would check with the local title company to make sure that transfer to a a partnership alone will pass muster thank you

Bryce H. Dille
Dille Law, PLLC
1800 Cooper Point Road SW Bldg 11
Olympia, WA 98502
Office: 360-350-0270
Cell: 253-579-5561

PLEASE NOTE:  our new address above.

** Please note that I use the dictation feature of my iPhone and that sometimes everything I say does not get properly translated**




[R_Alan_Swanson-WH-200]

This transmission contains confidential attorney-client communications and may not be disclosed to any person but the intended recipient(s).  If this matter is transmitted to you in error, please notify the sender immediately.

Business Entity Creation and Management, Business, Government and Tax Law, Real Estate and Land Use, Residential, Commercial and Condominium Development Real Estate and Commercial Transactions & Closings, Including Performing Services as IRS Section 1031 Exchange Facilitator Estate Planning, including Wills and Trusts, and Probate Administration Representation Homeowners/Condominium Association Real Estate Developments Real Property Foreclosures and Forfeitures.

From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com>> On Behalf Of Mark Anderson
Sent: Thursday, July 25, 2024 3:45 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] Deed to Family Partnership

I would just name the family partnership.  But be prepared to provide details in a supplemental statement attached to the REETA.  In addition to documentation to support the conveyance from the probate estate as required by the WACs, you may also want to provide documentation regarding the makeup of the family partnership to show that there is no reallocation of beneficial interest in the property.

Mark B. Anderson
ANDERSON LAW FIRM PLLC
821 Dock St  Ste 209  PMB 4-12
Tacoma, Washington 98402
+1 253-327-1750
+1 253-327-1751 (fax)
marka at mbaesq.com<mailto:marka at mbaesq.com>
www.mbaesq.com<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.mbaesq.com_&d=DwMFAg&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=ZjJT61sMYHYXW1a7W0qvaz-zO3o_Ea2RRxXvW5Yr3-0&m=t5jGYnbmfauhSSuc0Ps5AbzAzt-00j97KIQ4ggzJ2g2N8EPA4U4xhpSDZyxynagg&s=nwijjBGQMA6E937qEL4Foiswn98UwlbXmmy5VU28QfI&e=>
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This transmission is confidential and is intended solely for the use of the individual named recipient. It may be protected by the attorney-client privilege, work product doctrine, or other confidentiality protection. If you are not the intended recipient, or the person responsible to deliver it to the intended recipient, be advised that any dissemination, distribution, or copying of this communication is prohibited. If you have received this transmission in error, please immediately notify the sender via e-mail or by telephone at (253) 327-1750 that you have received the message in error, and then delete it. Thank you.

From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com>> On Behalf Of Jeff at bellanddavispllc.com<mailto:Jeff at bellanddavispllc.com>
Sent: Thursday, July 25, 2024 12:11 PM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: [WSBARP] Deed to Family Partnership

Listmates:

I need to deed real property, from a probate estate, to a family partnership owned evenly by the four residuary beneficiaries, of the estate (who shared equally).  Do I list the grantees as the four individuals dba family partnership or just name the family partnership?

Jeff Davis

W. Jeff Davis
BELL & DAVIS PLLC
Attorneys at Law
P.O. Box 510
720 E. Washington Street, Suite 105
Sequim WA 98382
Phone: (360) 683.1129
Fax: (360) 683.1258
email: jeff at bellanddavispllc.com<mailto:jeff at bellanddavispllc.com>
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