[WSBAPT] Removing Deceased Father's Name from Deed

[Eric Nelsen]

I agree with Josh--assuming the Decree of Dissolution legally described the property and clearly awarded it to the mother, the Decree is sufficient and no QCD is needed.

A decree of dissolution awarding property situated within the state has the operative effect of transferring title. In re Marriage of Kowalewski, 163 Wn.2d 542, 548, 182 P.3d 426 (2008), citing see United Benefit Life Ins. Co. v. Price, 46 Wn.2d 587, 283 P.2d 119 (1955), overruled on other grounds by Aetna Life Ins. Co. v. Wadsworth, 102 Wn.2d 652, 689 P.2d 46 (1984). "The decree operates not only to vest in the spouse designated the property awarded to him or her, but to divest the other spouse of all interest in the property so awarded, except as the decree may otherwise designate." Price, 46 Wn.2d at 589.

Second thought--since you're just distributing mother's estate, it's okay to do a Quitclaim Deed from Estate to the beneficiaries. That would transfer all mother's interest to beneficiaries, whatever it might be. The father's interest is really more of a title clean-up issue, and the Estate doesn't have to deal with it if the PR doesn't want to--PR's only duty is to transfer whatever the mother's interest may be, title warts and all.

If they want to clean it up, then getting a copy of the Decree and talking with a title company about whether they think it's effective is probably easiest route. If they plan to sell anyway, just order title and it can all get straightened out as part of the title report process.

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-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Josh Grant
Sent: Wednesday, June 24, 2015 12:24 PM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Removing Deceased Father's Name from Deed

Copy of Decree should be sufficient.  Don’t need a deed.  Ask your title company.

From: mailto:david at davittlaw.com
Sent: Wednesday, June 24, 2015 12:17 PM
To: WSBA Probate & Trust Listserv<mailto:wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Removing Deceased Father's Name from Deed

To the list please.
David Kazemba
Davitt Law Group, PLLC


Sent from my iPhone

On Jun 24, 2015, at 12:06 PM, "Michelle Paratte" <m.paratte at earthlink.net<mailto:m.paratte at earthlink.net>> wrote:
Hello colleagues:

My client is the administrator of his mother estate.  I cannot transfer the house to him and his brother as instructed in the Will because the name of their deceased father is still on the deed.  His mother and father divorced in 1972 and she got the house as her separate property, but father never executed a quit-claim deed.  How do I get the father’s name off the deed?

Thanks for the help.

M. Paratte
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