[WSBAPT] Curing defective deed

John Wickham jdwickham at rockisland.com
Thu Feb 13 12:35:43 PST 2014


Listmates,
I've faced this question before with slightly different facts, so would 
like to know if there are any options other than probate:

During her lifetime, Decedent quitclaimed real estate to the person who 
eventually would be sole heir of her estate, Future Heir.  Years after 
Decedent passes, Future Heir (who is now Actual Beneficiary to an estate 
of net worth of $250, which she received years ago) quitclaims that real 
property to someone else, Nice Non-profit. Time goes by and it is 
discovered that the legal description in the quitclaim deed executed by  
Decedent was defective, didn't include the entire parcel that Decedent 
owned, and that same faulty legal description was used by Future Heir in 
the quitclaim to Nice Non-profit.  The neighbor is now seeking to 
exclude Nice Non-profit from utilizing the land that was intended to be 
quitclaimed, but wasn't actually quitclaimed.  Future Heir is glad to 
sign papers presented by Nice Non-profit, if that will cure the problem, 
but is not willing to probate the estate of Decedent, which was only 
worth $250 and had no real property.

What options, short of probate, does Nice Non-profit have in curing the 
deed?

Thanks for your input.

John Wickham

-- 
John D. Wickham
P.O. Box 893
Friday Harbor, WA 98250
360-378-7178
360-378-0849 Fax
  
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