[SPAM] RE: [WSBAPT] Clearing title where there is a deed which conveyed no interest.

[Mike Winslow]

Agree with Nelson’s analysis, for what it My Humble Opinion is worth.
 
Michael A. Winslow
1204 Cleveland Ave.
Mount Vernon, WA 98273
Ph. 360-336-3321
Em. Mike at winslegal.com
 
This message is from an attorney, so it’s confidential. If you are not the
intended recipient, it’s too late to stop reading this message, but you
may not use it for any improper purpose. Huge Disclaimer available upon
request.
 
From: wsbapt-owner at lists.wsbarppt.com
[mailto:wsbapt-owner at lists.wsbarppt.com] On Behalf Of Beth McDaniel
Sent: Friday, May 09, 2014 3:38 PM
To: wsbapt at lists.wsbarppt.com
Subject: [SPAM] RE: [WSBAPT] Clearing title where there is a deed which
conveyed no interest.
 
The Deed states ‘John, PR, for and in consideration of the Last Will of
Wife, does hereby Quit Claim, transfer, convey and assign to her four
children . . . her one-half undivided interest in the following described
real estate situation in County of Kin, State of WA, including any
interest therein which grantor may hereafter acquire: preserving a life
estate for him:’
 
In her Will:  ‘To my husband John, I give a life estate in our home place
located at . . .  I give my one-half fee simple interest [which she did
not have] in said home place to my four children . . in equal shares,
subject to the life estate to my husband.’
 
Darn that quiet title is the only option. Hopefully the Trust Officer will
have better luck than me.
 
 
 
Beth A. McDaniel
Law Offices of Beth A. McDaniel, PLLC
272 Hardie Avenue SW
Renton, WA 98057
(425) 251-8880
fax:(425) 336-2505
www.bethmcdaniel.com <http://www.bethmcdaniel.com/> 
beth at bethmcdaniel.com
 
This communication contains confidential information and may be
attorney/client privileged.  If you are not the intended recipient, or
believe you have received this communication in error, please reply to the
sender stating that fact and delete the copy you received.
 
From: wsbapt-owner at lists.wsbarppt.com
[mailto:wsbapt-owner at lists.wsbarppt.com] On Behalf Of Eric Nelsen
Sent: Friday, May 09, 2014 3:19 PM
To: wsbapt at lists.wsbarppt.com
Subject: RE: [WSBAPT] Clearing title where there is a deed which conveyed
no interest.
 
Quiet title action against grantees to remove the bogus QCD under #3 as a
"cloud on title." I hope that QCD doesn't say "John and Estate of Wife, as
grantors, hereby grant..."  because then there is no defense and John gave
his property away. If Wife's Estate is sole grantor, then I'd say it's a
probably cloud on title and removable.
 
Of course that means closing date would probably have to be extended,
unless you can figure out a workaround with Buyer's cooperation.
 
Sincerely,
 
Eric
 
Eric C. Nelsen
SAYRE LAW OFFICES, PLLC
1320 University St
Seattle WA  98101-2837
phone 206-625-0092
fax 206-625-9040
 
 
 
From: wsbapt-owner at lists.wsbarppt.com
[mailto:wsbapt-owner at lists.wsbarppt.com] On Behalf Of Beth McDaniel
Sent: Friday, May 09, 2014 3:05 PM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] [SPAM] Clearing title where there is a deed which
conveyed no interest.
 
Dirt types,
 
1.        John owns separate real property and marries.  No CPA.
2.       Wife dies.  
3.       For whatever reason, Wife’s estate is probated, John is
appointed, and an interest in John’s separate property is conveyed from
wife to wife’s children.
4.       John comes to see me and is upset that lawyer advised him to do
that.  I send QCDs to wife’s children asking them to please convey the
interest they did not have back to John.  Not a single child responds.
5.       John dies.
6.       John Jr. probate’s John’s estate.  A title report is obtained
which states in part ‘The public records do not recognize wife as having
any interest in the real estate.  She was married to John, but no document
was ever recorded to create a community interest nor was a community
record found of public records . . . we reserve further opinion pending
submission of material facts.’
7.       Sale of property is pending.  Title Officer advises to execute a
PR deed and he’ll send QCDs to wife’s children asking them to convey their
interests back to John’s estate.
 
What are the other options to clear the title so that this property can
close?  Thanks!!
 
Beth A. McDaniel
Law Offices of Beth A. McDaniel, PLLC
272 Hardie Avenue SW
Renton, WA 98057
(425) 251-8880
fax:(425) 336-2505
www.bethmcdaniel.com <http://www.bethmcdaniel.com/> 
beth at bethmcdaniel.com
 
This communication contains confidential information and may be
attorney/client privileged.  If you are not the intended recipient, or
believe you have received this communication in error, please reply to the
sender stating that fact and delete the copy you received.
 
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Bar Association nor its officers or agents. 
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