[WSBARP] Deed Question

Mon Oct 21 11:35:35 PDT 2024

Thank you for pointing out that I may be using terms of art inartfully.

Mom and Dad had property. They sold it to a couple (buyer) for $300,000
(fake number), but agreed to take payment directly from the couple and had
a whole payment schedule.

Mom and Dad have both died. Buyer has decided to obtain financing through a
lending institution to help build their credit. Lender is going to pay off
the remaining balance of $200,000 (fake number) to the Estate.  There is a
recorded Purchase and Sale agreement detailing that when the amount of the
contract is paid off, a statutory warranty deed is to be completed by
Seller.

My issue is that both Sellers are dead. Can an Executor provide a warranty
deed to show the fulfilment of this contract.

Thank you!

*Brent Williams-Ruth* (pronouns: he/him)
*Attorney-At-Law*

*Law Offices of Brent Williams-Ruth, **a division of BWR Consulting, PLLC*

*Physical Address: 500 S 336th Street, Suite 214; Federal Way, WA 98003*

*Mailing Address: **PO BOX 3319; Federal Way, WA 98063 *

Office/Scheduling Phone: (253) 285-7751

For All Meetings & Scheduling: info at williams-ruthlaw.com

e-mail <Brent at Williams-RuthLaw.com> / website
<http://www.williams-ruthlaw.com/> / facebook
<http://www.facebook.com/bwrlaw> /

On Mon, Oct 21, 2024 at 11:19 AM Bryce Dille <Bryce at dillelaw.com> wrote:

> If by seller financed you mean the property was sold according to a real
> estate contract then the personal representative would execute a standard
> fulfillment deed of the real estate contract Unless of course the estate
> was closed and the PR had transferred the seller's interest to the
> beneficiaries by way of the sellers assignment and deed in which case each
> of the beneficiaries would have to sign a fulfillment deed
>
>
>
> Bryce H. Dille
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> Dille Law, PLLC
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> *From:* wsbarp-bounces at lists.wsbarppt.com <
> wsbarp-bounces at lists.wsbarppt.com> *On Behalf Of *Brent Williams-Ruth
> *Sent:* Monday, October 21, 2024 10:24 AM
> *To:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
> *Subject:* [WSBARP] Deed Question
>
>
>
> Greetings Real Property Folk -
>
>
>
> I have come upon a first. A probate where the Executor will be receiving a
> total pay off from a seller financed sale. I have only ever drafted a
> standard Deed of PR where the Estate just transfers to a beneficiary.
>
>
>
> Could someone please advise - do I simply use the same type of deed but
> insert the total amount paid from the initial Purchase and Sale?
>
>
>
> Thank you!
>
> Brent
>
> *Brent Williams-Ruth* (pronouns: he/him)
> *Attorney-At-Law*
>
> *Law Offices of Brent Williams-Ruth, **a division of BWR Consulting, PLLC*
>
> *Physical Address: 500 S 336th Street, Suite 214; Federal Way, WA 98003*
>
> *Mailing Address:** PO BOX 3319; Federal Way, WA 98063 *
>
> Office/Scheduling Phone: (253) 285-7751
>
> For All Meetings & Scheduling: info at williams-ruthlaw.com
>
> e-mail <Brent at Williams-RuthLaw.com> / website
> <https://urldefense.proofpoint.com/v2/url?u=http-3A__www.williams-2Druthlaw.com_&d=DwMFaQ&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=ZjJT61sMYHYXW1a7W0qvaz-zO3o_Ea2RRxXvW5Yr3-0&m=WwZ9bkmOfqQ6B9woN8se0aupRrM8oaca-Cc7Fb6KoqYYwd8hvMVFye4AvJILG3zV&s=43WUWdhL1JYK-Hapb_66aboL1R1NYrQbrdyXvmBiiDg&e=>
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