[WSBAPT] Recorder's office issue

[Karl Flaccus]

B has a child.   A and B (unmarried) buy a house in Seattle as tenants in common.  Later they marry.  At the time of marriage the two halves of the house are separate property.   B has an illness, and signs a quit claim deed to A in 2005.  Everything is proper about the quit claim deed.   B dies intestate in 2012.  A does not record the quit claim deed.  A dies in 2016.  I represent the personal representative of A’s estate.  Nothing goes in A’s estate to B’s child.

The PR brings me the unrecorded quit claim deed.  We complete a REETA and a supplemental gift form.  On both forms the PR signs as PR for A, and merely as representative for B.

King County Recorders office rejected the deed, stating in writing “if both parties are deceased, the inheritance/202 would make more sense. Review 202(6f) and provide copy of letters testamentary.”   We called to say, no this was a gift at the time, it was not an inheritance, and to contend that it was would be false.  The recorder’s office was stumped and transferred to the Department of Revenue.  The Department of Review representative stated to my paralegal that although she was not a lawyer, she believe the deed was an “invalid conveyance” because it was not recorded at the time, and therefore they would not record the deed under any circumstances because A and B were not alive to sign the supplemental statement.

They are wrong to not record the deed.  Deeds merely need to be “in writing, signed by the party bound thereby, and acknowledged by the party” before a notary.  It is risky to not record a deed, but a deed is valid at the time of execution.

Any ideas out there concerning what hoops we need to jump through to get this deed recorded?

Thanks.

Karl

FLACCUS LAW
7010 35th Ave. N.E.
Seattle, Washington  98115
206 523-0297
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