[WSBAPT] Fraudulent deed transfers

Sun Apr 24 14:03:06 PDT 2016

A couple of questions: did this sale close through a title company escrow and was there title insurance provided? If so, why didn’t the nonparticipating spouse’s interest appear in the public record? 

Perhaps you should start with a litigation guarantee to make sure it was community property in the public record. If not, then as Eric suggests you would have a bona fide purchaser for value and may be fighting an uphill battle for anything other than the damages against selling spouse. 

The nonparticipating spouse may make a claim the Deed is voidable if the property was community property at the time of the conveyance and the Deed was intended to convey community property without her/his signature or participation. However, the nonparticipating spouse will have the burden of proof to show she/he did not consent or participate. Rescission may be an option here; it is an equitable remedy, typically between the parties to the transaction, but nonparticipating spouse should have been a party whether named or not. You may want to research this to be sure Rescission is a valid claim.

Nonparticipating spouse would have a legitimate right to record a Lis Pendens if she/he had a valid interest in the title to the property. But what if this was selling spouse’s separate property? If it is, then there is the risk of attorney’s fees and costs for a wrongful or frivolous Lis Pendens.

Sincerely,

Tom

Thomas J. Westbrook

Attorney at Law

Rodgers, Kee & Card

324 West Bay Drive NW, Suite 201

Olympia, Washington  98502

Phone: 360-352-8311

Facsimile: 360-352-8501

Email: tjw at buddbaylaw.com

Skype: thomas.westbrook

www.buddbaylaw.com

The information contained in this email and attachment(s) are for the exclusive use of the addressee(s) and may contain private, privileged and/or confidential information.  If you are not the addressee, you are strictly prohibited from reading, photocopying, distributing or otherwise using this email or its contents in any way. If you have received this communication in error, please notify us immediately by telephone at 360-352-8311 or by e-mail to reception at buddbaylaw.com, and destroy the original message from your electronic files.

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Eric Nelsen
Sent: Sunday, April 24, 2016 12:27 PM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Fraudulent deed transfers

Remedy is likely to be only damages, if (A) the grantor was the only person named on title in the first place and (B) the spouses didn't live at the property and (C) the grantees paid fair value and genuinely had no way of knowing that the grantor was unmarried. Essentially, if the grantees are bona fide purchasers without notice, then client's remedy will only be an award of damages against the spouse.

If this was a shady deal, however, and it was either in collusion with the grantees, not for fair value, and/or title wasn't clearly only name of grantor in the first place, there are probably remedies to get title to the property back. Quiet title under RCW 7.28 will be an element, but may also involve common law fraud, constructive trust, and/or Uniform Fraudulent Transfers Act, RCW 19.40.

Lots of options, in short, but dependent on other facts. Feel free to call me Monday if you want to discuss.

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 Theresa Nguyen
Sent: Saturday, April 23, 2016 11:04 PM
To: wsbapt at lists.wsbarppt.com
Subject: Re: [WSBAPT] Fraudulent deed transfers

Does anyone know what the remedies are or where to start if your client's spouse fraudulently transferred community property by deed? 

The deed states "spouse's name", "an unmarried individual" although they are still married.

The sale price was also less than the county's assessed value...but we have no clue who the grantee is. Some research suggest they might be foreign citizens and there is no way to contact them. After doing a record search on the Address listed as grantee's address, the grantee does not own that property. 

Any tips would be really appreciated.

Thank you.

Theresa Nguyen, J.D., LL.M.
Law Office of Theresa Nguyen, PLLC
707 S Grady Way, Suite 600 | Renton, WA 98057 <x-apple-data-detectors://11/0> 
Ph. 425.998.7295 | Fax 425.420.2695
Email: theresa at tnguyenlaw.com | Mobile: 206.499.9515 
Website: www.tnguyenlaw.com <http://www.tnguyenlaw.com/>  

On Apr 23, 2016, at 12:00 PM, wsbapt-request at lists.wsbarppt.com wrote:

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	Today's Topics:

	 1. Releasing PR and appointing new one - proper forms and

	    language (Steve Waltar)

	 2. Re: Releasing PR and appointing new one - proper forms    and

	    language (Eric Nelsen)

	 3. Re: Releasing PR and appointing new one - proper    forms    and

	    language (pugetsoundlaw at gmail.com)

	 4. Re: Releasing PR and appointing new one - proper    forms    and

	    language (Douglas Bratt)

	----------------------------------------------------------------------

	Message: 1

	Date: Fri, 22 Apr 2016 20:38:25 +0000

	From: Steve Waltar <steve at waltar.com>

	To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>

	Subject: [WSBAPT] Releasing PR and appointing new one - proper forms

	  and    language

	Message-ID:

	  <BN3PR0201MB09302EFD618F57BF1ED86998D96F0 at BN3PR0201MB0930.namprd02.prod.outlook.com>

	Content-Type: text/plain; charset="us-ascii"

	I have a case in which the existing PR listed in a Last Will and Testament (probate already begun) wants to resign.  Also, the only other listed alternate PR ants to decline.

	I have two questions:  /requests for help.

	First, Do I need a new petition and order and oath to get a new Administrative PR appointed?  If so, would anyone share pleadings with me?  I'm fine with the Declination by the alternate PR.

	Second, what is the proper language to have when releasing the existing PR.  In other words, should there be language to "release" the existing PR from fiduciary duties, give the courts blessing or hold harmless since fiduciary duties are terminated, and of course to cancel the existing Letters Testamentary?

	Stephen M. Waltar, PS

	Estate Planning Law

	1750 - 112th Avenue NE, Suite C245

	Bellevue, WA  98004

	(425) 455-6788

	www.waltar.com<http://www.waltar.com/>

	[cid:image002.jpg at 01CA47FC.9ED8CEE0]<http://www.waltar.com/>

	If we should be helping someone you care about,

	please don't keep us a secret!

	[facebook]<https://www.facebook.com/pages/Stephen-M-Waltar-PS/663832273655743>  [twitter] <https://twitter.com/WaltarLaw>   [linkedin] <http://www.linkedin.com/company/3173783?trk=tyah>   [g-plus-icon-32x32] <https://plus.google.com/u/0/114715232767415279995>   [youtube] <http://www.youtube.com/StephenMWaltarPS>

	Circular 230 Warning:  This communication is not intended to constitute tax advice and may not be used by any person or entity for the purpose of avoiding penalties that may be imposed by the Internal Revenue Service.

	Confidentiality Notice: The information contained herein and any attachments are a private communication sent by the Law Firm of Stephen M. Waltar, PS and may contain confidential and/or legally privileged information meant solely for the intended recipient.  If you are not the intended recipient, you are hereby notified that any use, dissemination, distribution, forwarding or any form of copying of this communication is strictly prohibited. Please notify the sender immediately by replying to this message, then delete the e-mail and any attachments from your system.

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	------------------------------

	Message: 2

	Date: Fri, 22 Apr 2016 21:23:34 +0000

	From: Eric Nelsen <Eric at sayrelawoffices.com>

	To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>

	Subject: Re: [WSBAPT] Releasing PR and appointing new one - proper

	  forms    and    language

	Message-ID:

	  <8CF6ADB264BB704BB884B2ED9C1931D40187F9292E at SBS2011.SayreLawOffices.local>

	Content-Type: text/plain; charset="us-ascii"

	See RCW 11.28.290<http://app.leg.wa.gov/RCW/default.aspx?cite=11.28&full=true#11.28.290> to start--a PR who resigns must account to the successor. It can be done privately and informally, outside the court, but an initial duty of the successor PR is to receive the accounting from the resigning PR and ensure that the resigning PR has turned over all assets, etc. Often this merely amounts to turning over some papers and maybe helping change over the estate bank account.

	Once the resigning PR has fully accounted to her/his successor, the court should "discharge" her/him. The initial resignation should be "accepted" by the court and the new PR appointed, but the old PR isn't "discharged" until the Court is certain that all duties up to that point have been met.

	You do need a new petition, order, and oath for the new PR, just like at the beginning, with appropriate changes to reflect acceptance of resignation of old PR, and some instructions that old PR shall account to the new PR and shall be discharged, say, "upon filing by the new PR of a Receipt acknowledging receipt of a satisfactory accounting and possession and control of all estate property formerly managed by the old PR." Or some such like that. If something goes wrong, the new PR can always petition the court for other relief.

	New PR can get nonintervention powers also if available--see RCW 11.28.280<http://app.leg.wa.gov/RCW/default.aspx?cite=11.28&full=true#11.28.280>.

	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 Steve Waltar

	Sent: Friday, April 22, 2016 1:38 PM

	To: WSBA Probate & Trust Listserv

	Subject: [WSBAPT] Releasing PR and appointing new one - proper forms and language

	I have a case in which the existing PR listed in a Last Will and Testament (probate already begun) wants to resign.  Also, the only other listed alternate PR ants to decline.

	I have two questions:  /requests for help.

	First, Do I need a new petition and order and oath to get a new Administrative PR appointed?  If so, would anyone share pleadings with me?  I'm fine with the Declination by the alternate PR.

	Second, what is the proper language to have when releasing the existing PR.  In other words, should there be language to "release" the existing PR from fiduciary duties, give the courts blessing or hold harmless since fiduciary duties are terminated, and of course to cancel the existing Letters Testamentary?

	Stephen M. Waltar, PS

	Estate Planning Law

	1750 - 112th Avenue NE, Suite C245

	Bellevue, WA  98004

	(425) 455-6788

	www.waltar.com<http://www.waltar.com/>

	[cid:image002.jpg at 01CA47FC.9ED8CEE0]<http://www.waltar.com/>

	If we should be helping someone you care about,

	please don't keep us a secret!

	[facebook]<https://www.facebook.com/pages/Stephen-M-Waltar-PS/663832273655743>  [twitter] <https://twitter.com/WaltarLaw>   [linkedin] <http://www.linkedin.com/company/3173783?trk=tyah>   [g-plus-icon-32x32] <https://plus.google.com/u/0/114715232767415279995>   [youtube] <http://www.youtube.com/StephenMWaltarPS>

	Circular 230 Warning:  This communication is not intended to constitute tax advice and may not be used by any person or entity for the purpose of avoiding penalties that may be imposed by the Internal Revenue Service.

	Confidentiality Notice: The information contained herein and any attachments are a private communication sent by the Law Firm of Stephen M. Waltar, PS and may contain confidential and/or legally privileged information meant solely for the intended recipient.  If you are not the intended recipient, you are hereby notified that any use, dissemination, distribution, forwarding or any form of copying of this communication is strictly prohibited. Please notify the sender immediately by replying to this message, then delete the e-mail and any attachments from your system.

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	------------------------------

	Message: 3

	Date: Fri, 22 Apr 2016 14:37:06 -0700

	From: <pugetsoundlaw at gmail.com>

	To: "'WSBA Probate & Trust Listserv'" <wsbapt at lists.wsbarppt.com>

	Subject: Re: [WSBAPT] Releasing PR and appointing new one - proper

	  forms    and    language

	Message-ID: <002401d19cdf$1e3f9ae0$5abed0a0$@gmail.com>

	Content-Type: text/plain; charset="us-ascii"

	Also, a new PR that applies for appointment and who is not named in a will

	usually has to post a bond, even if the will waived bond for those named.

	You may get all interested parties to sign off on a waiver of bond for your

	new PR, usually all the heirs is sufficient, but commissioner may consider

	protection for creditors too.

	The new letters issued will be "Letters of Administration with Will Annexed"

	Tara M. Roberts

	Puget Sound Law pllc

	roberts at pugetsoundlaw.com <mailto:roberts at pugetsoundlaw.com> 

	From: wsbapt-bounces at lists.wsbarppt.com

	[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Eric Nelsen

	Sent: Friday, April 22, 2016 2:24 PM

	To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>

	Subject: Re: [WSBAPT] Releasing PR and appointing new one - proper forms and

	language

	See RCW 11.28.290

	<http://app.leg.wa.gov/RCW/default.aspx?cite=11.28&full=true#11.28.290>  to

	start--a PR who resigns must account to the successor. It can be done

	privately and informally, outside the court, but an initial duty of the

	successor PR is to receive the accounting from the resigning PR and ensure

	that the resigning PR has turned over all assets, etc. Often this merely

	amounts to turning over some papers and maybe helping change over the estate

	bank account.

	Once the resigning PR has fully accounted to her/his successor, the court

	should "discharge" her/him. The initial resignation should be "accepted" by

	the court and the new PR appointed, but the old PR isn't "discharged" until

	the Court is certain that all duties up to that point have been met.

	You do need a new petition, order, and oath for the new PR, just like at the

	beginning, with appropriate changes to reflect acceptance of resignation of

	old PR, and some instructions that old PR shall account to the new PR and

	shall be discharged, say, "upon filing by the new PR of a Receipt

	acknowledging receipt of a satisfactory accounting and possession and

	control of all estate property formerly managed by the old PR." Or some such

	like that. If something goes wrong, the new PR can always petition the court

	for other relief.

	New PR can get nonintervention powers also if available--see RCW 11.28.280

	<http://app.leg.wa.gov/RCW/default.aspx?cite=11.28&full=true#11.28.280> .

	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>

	[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Steve Waltar

	Sent: Friday, April 22, 2016 1:38 PM

	To: WSBA Probate & Trust Listserv

	Subject: [WSBAPT] Releasing PR and appointing new one - proper forms and

	language

	I have a case in which the existing PR listed in a Last Will and Testament

	(probate already begun) wants to resign.  Also, the only other listed

	alternate PR ants to decline.  

	I have two questions:  /requests for help.

	First, Do I need a new petition and order and oath to get a new

	Administrative PR appointed?  If so, would anyone share pleadings with me?

	I'm fine with the Declination by the alternate PR.

	Second, what is the proper language to have when releasing the existing PR.

	In other words, should there be language to "release" the existing PR from

	fiduciary duties, give the courts blessing or hold harmless since fiduciary

	duties are terminated, and of course to cancel the existing Letters

	Testamentary?  

	Stephen M. Waltar, PS

	Estate Planning Law

	1750 - 112th Avenue NE, Suite C245

	Bellevue, WA  98004

	(425) 455-6788

	<http://www.waltar.com/> www.waltar.com

	<http://www.waltar.com/> 

	If we should be helping someone you care about, 

	please don't keep us a secret!

	<https://www.facebook.com/pages/Stephen-M-Waltar-PS/663832273655743>

	<https://twitter.com/WaltarLaw>

	<http://www.linkedin.com/company/3173783?trk=tyah>

	<https://plus.google.com/u/0/114715232767415279995>

	<http://www.youtube.com/StephenMWaltarPS> 

	Circular 230 Warning:  This communication is not intended to constitute tax

	advice and may not be used by any person or entity for the purpose of

	avoiding penalties that may be imposed by the Internal Revenue Service.

	Confidentiality Notice: The information contained herein and any attachments

	are a private communication sent by the Law Firm of Stephen M. Waltar, PS

	and may contain confidential and/or legally privileged information meant

	solely for the intended recipient.  If you are not the intended recipient,

	you are hereby notified that any use, dissemination, distribution,

	forwarding or any form of copying of this communication is strictly

	prohibited. Please notify the sender immediately by replying to this

	message, then delete the e-mail and any attachments from your system.

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	------------------------------

	Message: 4

	Date: Fri, 22 Apr 2016 23:57:10 +0000

	From: Douglas Bratt <djbratt at mbavancouverlaw.com>

	To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>

	Subject: Re: [WSBAPT] Releasing PR and appointing new one - proper

	  forms    and    language

	Message-ID:

	  <CE7DE311763C284CBA15D1B0B4122FAA01532B747C at Server01.mbavancouverlaw.com>

	Content-Type: text/plain; charset="us-ascii"

	Hello:

	Eric Nelson's reply is, as it most often is, thorough and thoughtful.

	One pitfall in the present situation is that the two persons mentioned in the Will to serve were probably authorized to serve "without bond," per the provisions of the Will.

	The person who is to serve as the Substitute PR has not been similarly trusted by the Testator/Testatrix, by name, in the Will.

	So, it very well might be that the new PR will be required to obtain and file a Personal Representative's Bond.

	My three (3) cents (higher rates on Fridays).

	Regards,

	Doug Bratt

	Douglas J. Bratt

	Lawyer

	[Envelope scaled Foster]

	Office: (360) 213-2040

	Fax: (360) 213-2030

	CONFIDENTIALITY NOTICE:  This email message may contain confidential or privileged information.  If you have received this message by mistake, please do not review, disclose, copy, or distribute the email. Instead, please notify us immediately by replying to this message or telephoning us.  Thank you.

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	TAX ADVICE NOTICE: IRS Circular 230 requires us to advise you that, if this communication or any attachment contains any tax advice, the advice is not intended to be used, and cannot be used, for the purpose of avoiding federal tax penalties. A taxpayer may rely on professional advice to avoid federal tax penalties only if the advice is reflected in a comprehensive tax opinion that conforms to stringent requirements. Please contact us if you have any questions about Circular 230 or would like to discuss our preparation of an opinion that conforms to these IRS rules.

	From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Eric Nelsen

	Sent: Friday, April 22, 2016 2:24 PM

	To: WSBA Probate & Trust Listserv

	Subject: Re: [WSBAPT] Releasing PR and appointing new one - proper forms and language

	See RCW 11.28.290<http://app.leg.wa.gov/RCW/default.aspx?cite=11.28&full=true#11.28.290> to start--a PR who resigns must account to the successor. It can be done privately and informally, outside the court, but an initial duty of the successor PR is to receive the accounting from the resigning PR and ensure that the resigning PR has turned over all assets, etc. Often this merely amounts to turning over some papers and maybe helping change over the estate bank account.

	Once the resigning PR has fully accounted to her/his successor, the court should "discharge" her/him. The initial resignation should be "accepted" by the court and the new PR appointed, but the old PR isn't "discharged" until the Court is certain that all duties up to that point have been met.

	You do need a new petition, order, and oath for the new PR, just like at the beginning, with appropriate changes to reflect acceptance of resignation of old PR, and some instructions that old PR shall account to the new PR and shall be discharged, say, "upon filing by the new PR of a Receipt acknowledging receipt of a satisfactory accounting and possession and control of all estate property formerly managed by the old PR." Or some such like that. If something goes wrong, the new PR can always petition the court for other relief.

	New PR can get nonintervention powers also if available--see RCW 11.28.280<http://app.leg.wa.gov/RCW/default.aspx?cite=11.28&full=true#11.28.280>.

	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> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Steve Waltar

	Sent: Friday, April 22, 2016 1:38 PM

	To: WSBA Probate & Trust Listserv

	Subject: [WSBAPT] Releasing PR and appointing new one - proper forms and language

	I have a case in which the existing PR listed in a Last Will and Testament (probate already begun) wants to resign.  Also, the only other listed alternate PR ants to decline.

	I have two questions:  /requests for help.

	First, Do I need a new petition and order and oath to get a new Administrative PR appointed?  If so, would anyone share pleadings with me?  I'm fine with the Declination by the alternate PR.

	Second, what is the proper language to have when releasing the existing PR.  In other words, should there be language to "release" the existing PR from fiduciary duties, give the courts blessing or hold harmless since fiduciary duties are terminated, and of course to cancel the existing Letters Testamentary?

	Stephen M. Waltar, PS

	Estate Planning Law

	1750 - 112th Avenue NE, Suite C245

	Bellevue, WA  98004

	(425) 455-6788

	www.waltar.com<http://www.waltar.com/>

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