[WSBAPT] Removing Deceased Father's Name from Deed
David Kazemba
david at davittlaw.com
Wed Jun 24 14:15:06 PDT 2015
Yes thank you!
*From:* wsbapt-bounces at lists.wsbarppt.com [mailto:
wsbapt-bounces at lists.wsbarppt.com] *On Behalf Of *Kerry Richards
*Sent:* Wednesday, June 24, 2015 2:10 PM
*To:* WSBA Probate & Trust Listserv
*Subject:* Re: [WSBAPT] Removing Deceased Father's Name from Deed
Good Job Eric. You have stated the law in this matter succinctly and
correctly.
Yours truly,
Kerry A. Richards
_____________________
*Bradshaw & Richards, P.S.*
11300 Roosevelt Way NE, Suite 300
Seattle, WA 98125
Phone: (206) 622-3444
Fax: (206) 363-8067
Email: KRichards at brad-rich-law.com
Web: www.brad-rich-law.com
This email message is intended only for the individual or entity named
above and may contain privileged and confidential information. If you are
not the intended recipient, or the employee or agent, you are hereby
notified that any dissemination, distribution or copying of this
communication is strictly prohibited. If you have received this
communication in error, please notify this office immediately by email.
*From:* wsbapt-bounces at lists.wsbarppt.com [
mailto:wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com>]
*On Behalf Of *Eric Nelsen
*Sent:* Wednesday, June 24, 2015 12:54 PM
*To:* WSBA Probate & Trust Listserv
*Subject:* Re: [WSBAPT] Removing Deceased Father's Name from Deed
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 <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 <david at davittlaw.com>
*Sent:* Wednesday, June 24, 2015 12:17 PM
*To:* WSBA Probate & Trust Listserv <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>
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
_______________________________________________
WSBAPT mailing list
WSBAPT at lists.wsbarppt.com
http://mailman.fsr.com/mailman/listinfo/wsbapt
------------------------------
_______________________________________________
WSBAPT mailing list
WSBAPT at lists.wsbarppt.com
http://mailman.fsr.com/mailman/listinfo/wsbapt
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20150624/bc077539/attachment.html>
More information about the WSBAPT
mailing list