[WSBAPT] Removing Deceased Father's Name from Deed

Wed Jun 24 18:55:46 PDT 2015

FYI Thurston County Assessor has simple online form to change name on
property records. Requires submission of court order, probate distribution &
death certificate, and/or divorce decree. I have used form successfully and
no fee is required. 

Anne Marie Liebhaber
Attorney at Law

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From: wsbapt-bounces at lists.wsbarppt.com
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Eric Nelsen
Sent: Wednesday, June 24, 2015 3:34 PM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Removing Deceased Father's Name from Deed

Thanks for your appreciation! I'd note, though, that I have done a number of
cases involving post-Decree enforcement where the Decree's language is less
than clear and a title company won't insure without a QCD. It also gets
tricky if the Decree awards "equity" in the property, as opposed to clear
fee title. So a Decree can handle the property transfer, but if it's not
drafted correctly there may be further work to do.

(I have this briefing at my fingertips because I'm trying to put together
materials for a "real property for divorce lawyers" CLE topic.)

CONTRARY TO WSBA Family Law Deskbook §69.2(4), the award of "equity in the
home located at [common address]" is not an award of title subject to
encumbrances. The Deskbook cites Hill v. Hill, 3 Wn.App. 783, 477 P.2d 931
(1970). Hill is disapproved by Stokes v. Polley, 145 Wn.2d 341, 350, 37 P.3d
1211 (2001). In Stokes, the Decree did not include a legal description, and
awarded "one-half the equity" to each party. The property was deemed to have
been the husband's separate property on the record (purchased on a real
estate contract by husband in his name only, before the marriage), while the
Decree specifically stated that it divided only the community property of
the parties. In Stokes, the award of equity to the wife was held to be a
monetary award, not ownership. Query whether a title insurer would accept
that, or a third party buyer. In drafting Decrees and settlements, avoid use
of award of "equity" - award the land, and allocate the debt, separately.
Cf. In re the Marriage of Olivieri, 161 Wn. App. 1012 (April 18, 2011)
65378-4-I (unpublished).

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 David Kazemba
Sent: Wednesday, June 24, 2015 2:15 PM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Removing Deceased Father's Name from Deed

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.

11300 Roosevelt Way NE, Suite 300

Seattle, WA 98125

Phone: (206) 622-3444

Fax:  (206) 363-8067

Email: KRichards at brad-rich-law.com

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From: wsbapt-bounces at lists.wsbarppt.com
[mailto: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] 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  <mailto:wsbapt at lists.wsbarppt.com> Probate & Trust Listserv 

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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