Real Property Transfers in Alaska:

Beyond the Warranty Deed and the Quitclaim Deed

October 31, 2018 | 8:30 a.m. - 12:40 p.m.

3.75 General CLE Credits | CLE# 2018-016

Registration: $125      

Sponsored by the Real Estate Law Section

Moderated by: Gordon Schadt

Presented by: Joseph L. Reece, Esq., Davis Wright Tramaine LLP

Howard Hancock, Chief Title Officer, Fidelity Title Agency of Alaska, LLC

Heidi H. Borson, Esq., Durrell Law Group

Karl A. Kaufman, J.D., L.L.M. Shaftel Delman Kaufman, LLC

Benjamin W. Spiess, Esq., Landye Bennett Blumstein LLP

Variations on Warranty and Quitclaim Deeds

When to use Quitclaim Deed

• Quitclaim to Clear Title Issues
• Family Transactions
• When a Seller Can Get Away With It

Reservations in Warranty and Quitclaim Deeds

• Easements
• Options and First Rights of Refusal
• Life Estate
• Mineral or Timber Rights
• Subsistence Rights on Native Land

Exceptions in Deeds

• Liens and Encumbrances of Record
• Restrictive Covenants
• Limitations on Use of Property
• Affirmative Obligations

Special/Limited Warranty Deeds

• Effect of Special Warranty Deed
• When Special Warranty Deed is Used

Transfer on Death Deeds

• Intro to Transfer on Death Deeds (TODs) and Their Uses in Estate Planning and Business Planning
• Requirements for Effective TODs and Valid Property Transfers under TODs
• Methods for Revoking TODs
• Creditor Claims and Challenges to TODs
• Intersection between TODs and Estate Planning Vehicles and Community Property Agreements
• Potential Complications withTitle Insurance and Financing
   

Trusts and Tax Issues

• What is a Trust?
• How are Trusts Used?
• How do you Transfer Property to a Trust?
• Comparison of Trusts vs. TODs
• Current Tax Issues (income tax vs. gift and estate tax)

Other Conveyance Models

• Transfer of LLC interests
• Land sale and installment contracts (vs. traditional seller financing)
• How do you Transfer Property to a Trust? 
• Options to purchase and lease options
• Ground Leases