[WSBAPT] Removing Deceased Father's Name from Deed

[David Kazemba]

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

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*Bradshaw & Richards, P.S.*

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Seattle, WA 98125

Phone: (206) 622-3444

Fax:  (206) 363-8067

Email: KRichards at brad-rich-law.com

Web: www.brad-rich-law.com



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*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

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