[WSBARP] Deed Question
Brent Williams-Ruth
brent at williams-ruthlaw.com
Tue Oct 22 09:39:29 PDT 2024
As a practitioner solidly on the PT side of the section....I would say that
the reason a name PR deed came about is an easy way for title companies
(and other parties) to know the difference between a tax sale or a
transaction done through a probate proceeding. Both are without warranties
- but to me, a bargain and sale deed could be so many things as where a
Deed of PR lets me know that 1) very good chance the transaction is
tax-exempt as passing through the probate; 2) that there will need to be
proof through Letters Testamentary/Administration indicating the
authorization of the person signing.
Truth be told, when I was learning the practice 10 years back, I never
asked why it was called that.
Appreciate everyone's help!
*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 Tue, Oct 22, 2024 at 9:36 AM Rod Harmon <rodharmon at msn.com> wrote:
> I have never understood why it is called anything other than a bargain and
> sale deed.
>
>
>
> 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
>
> rodharmon at msn.com
>
>
>
>
>
>
>
> *From:* wsbarp-bounces at lists.wsbarppt.com <
> wsbarp-bounces at lists.wsbarppt.com> *On Behalf Of *Bryce Dille
> *Sent:* Monday, October 21, 2024 3:49 PM
> *To:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
> *Subject:* Re: [WSBARP] Deed Question
>
>
>
> Here is the PR Deed we use Which is basically a bargain and sale 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***
>
>
>
>
>
>
>
>
>
> [image: R_Alan_Swanson-WH-200]
>
>
>
> This transmission contains confidential attorney-client communications and
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> matter is transmitted to you in error, please notify the sender
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>
>
> 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.
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>
> *From:* wsbarp-bounces at lists.wsbarppt.com <
> wsbarp-bounces at lists.wsbarppt.com> *On Behalf Of *Mark Anderson
> *Sent:* Monday, October 21, 2024 3:04 PM
> *To:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
> *Subject:* Re: [WSBARP] Deed Question
>
>
>
> I have often heard people refer to a "Personal Representative’s Deed" or a
> "Special Warranty Deed" when transferring real property out of a probate
> estate. However, these do not appear to be defined by statute in
> Washington. The deed that comes the closest to being applicable for this
> purpose, at least according to statute, is a Bargain and Sale Deed. Is
> there a necessary distinction to be made here?
>
>
>
>
> *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
> www.mbaesq.com
> <https://urldefense.proofpoint.com/v2/url?u=http-3A__www.mbaesq.com_&d=DwMGaQ&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=ZjJT61sMYHYXW1a7W0qvaz-zO3o_Ea2RRxXvW5Yr3-0&m=WMvwquDZHAugCQ4imDIk-2tbzCMXhQG7GgHVIkKZvXW0EVVJAqoNnci3sUPQrQ4C&s=-k5KZocmWi7m7hU5Rwb32PRJEr4lm6frMZ7rKbfm_PQ&e=>
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> *From:* wsbarp-bounces at lists.wsbarppt.com <
> wsbarp-bounces at lists.wsbarppt.com> *On Behalf Of *Rod Harmon
> *Sent:* Monday, October 21, 2024 12:13 PM
> *To:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
> *Subject:* Re: [WSBARP] Deed Question
>
>
>
> Brent: I agree with Bryce, and have done exactly what he advises below
> recently, and it was just what the title company wanted.
>
>
>
> 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
> <https://urldefense.proofpoint.com/v2/url?u=http-3A__www.rodharmon.com_&d=DwMGaQ&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=ZjJT61sMYHYXW1a7W0qvaz-zO3o_Ea2RRxXvW5Yr3-0&m=WMvwquDZHAugCQ4imDIk-2tbzCMXhQG7GgHVIkKZvXW0EVVJAqoNnci3sUPQrQ4C&s=7uTvirRep-H3jU8qjmwp7gFw9_nGax9SaKgcguYY5UI&e=>
>
> rodharmon at msn.com
>
>
>
>
>
>
>
> *From:* wsbarp-bounces at lists.wsbarppt.com <
> wsbarp-bounces at lists.wsbarppt.com> *On Behalf Of *Bryce Dille
> *Sent:* Monday, October 21, 2024 11:42 AM
> *To:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
> *Subject:* Re: [WSBARP] Deed Question
>
>
>
> 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***
>
>
>
>
>
>
>
>
>
> [image: 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
>
> 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=ddxzQkKhGl383xBgzs7t6OmPkvpxpgMtfRdKaSuiFSuBh0ELmJPilCXJSxRZxOg4&s=vh7iRHrDdpdVuWEK7otOaSZl95dEyRJbgmEKJ4D9XgQ&e=>
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> /
>
>
>
>
>
> 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
>
> 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***
>
>
>
>
>
>
>
>
>
> [image: 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 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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