[WSBARP] Deed Question
Bryce Dille
Bryce at dillelaw.com
Mon Oct 21 11:41:45 PDT 2024
If the individual to sign has been appointed personal representative of both the states then he would sign a personal representative deed And that certainly would pass muster with the title company insuring title in the purchaser I certainly wouldn't have the PR give a full meal deal statutory warranty deed But only the normal personal representatives Deed
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 <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Brent Williams-Ruth
Sent: Monday, October 21, 2024 11:36 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Deed Question
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<mailto:info at williams-ruthlaw.com>
e-mail<mailto: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=ddxzQkKhGl383xBgzs7t6OmPkvpxpgMtfRdKaSuiFSuBh0ELmJPilCXJSxRZxOg4&s=vh7iRHrDdpdVuWEK7otOaSZl95dEyRJbgmEKJ4D9XgQ&e=> / facebook<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.facebook.com_bwrlaw&d=DwMFaQ&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=ZjJT61sMYHYXW1a7W0qvaz-zO3o_Ea2RRxXvW5Yr3-0&m=ddxzQkKhGl383xBgzs7t6OmPkvpxpgMtfRdKaSuiFSuBh0ELmJPilCXJSxRZxOg4&s=wBfwRhwzUn2zN8ANHye0wwKICm7I0k4D4WwCzCKThJM&e=> /
On Mon, Oct 21, 2024 at 11:19 AM Bryce Dille <Bryce at dillelaw.com<mailto: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
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 Brent Williams-Ruth
Sent: Monday, October 21, 2024 10:24 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto: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<mailto:info at williams-ruthlaw.com>
e-mail<mailto: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=> / facebook<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.facebook.com_bwrlaw&d=DwMFaQ&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=ZjJT61sMYHYXW1a7W0qvaz-zO3o_Ea2RRxXvW5Yr3-0&m=WwZ9bkmOfqQ6B9woN8se0aupRrM8oaca-Cc7Fb6KoqYYwd8hvMVFye4AvJILG3zV&s=BY7d0cB8ln3Q6yul7QB8oUO6HUUEqtw13m7DLBfmxDI&e=> /
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