[WSBAPT] Recorder's office issue

Tue Apr 18 18:13:42 PDT 2017

Simplest solution: open a second probate and have both administrators sign
off. That should nullify any further objections by the county.

On Tue, Apr 18, 2017 at 6:10 PM Karl Flaccus <Karl at flaccuslaw.com> wrote:

> Well, Eileen, wouldn’t a title company record the unrecorded deed?  To not
> record it is to send 25% of the house off in another direction, against the
> wishes of the grantor and grantee.
>
>
>
> Karl
>
>
>
> *F**LACCUS** L**A**W*
>
> *7010 35th Ave. N.E.*
>
> *Seattle, Washington  98115*
>
> *206 523-0297*
>
>
>
> *From:* wsbapt-bounces at lists.wsbarppt.com [mailto:
> wsbapt-bounces at lists.wsbarppt.com] *On Behalf Of *Peterson, Eileen
> *Sent:* Tuesday, April 18, 2017 5:54 PM
>
>
> *To:* WSBA Probate & Trust Listserv
> *Subject:* Re: [WSBAPT] Recorder's office issue
>
>
>
> I agree.  However, be aware:  a title company is unlikely to accept a deed
> that is unrecorded at death.  But, that is a separate issue.  Good luck!
> Eileen
>
>
>
>
> *Eileen S. Peterson **Attorney at Law*
> *T*
> * 253 620 6419 **F** 253 620 6565*
>
>
>
> *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:* Tuesday, April 18, 2017 5:27 PM
> *To:* WSBA Probate & Trust Listserv
> *Subject:* Re: [WSBAPT] Recorder's office issue
>
>
>
> I agree, the deed is a valid conveyance at time of delivery to A in 2005.
> KCR is wrong for suggesting inheritance as the proper exemption, and DOR is
> wrong for suggesting the conveyance was invalid merely because not
> recorded. Recording is just notice to third parties, and has nothing to do
> with validity of conveyance.
>
>
>
> Is it a gift? Since they were married at that point, could you use WAC
> 458-61A-203, to establish separate property in one spouse?
> http://apps.leg.wa.gov/wac/default.aspx?cite=458-61A-203
>
>
>
> For signatures on the REETA, I agree you have PR signing on behalf of
> Grantee A's Estate, but I think you need a valid representative for B to
> sign as Grantor--B's child, perhaps? I'm not sure about PR's authority to
> act as agent for B's separate property Estate.
>
>
>
> If B's child is not cooperative, perhaps you could get A appointed as PR
> of B's estate merely for that purpose. It's a hassle but could work. (Might
> analyze potential conflict of interest, as PR of B's estate would have
> fiduciary duty to B's heirs.)
>
>
>
> What's the hypothetical value of B's heir's 25% interest in the real
> estate? Perhaps least expensive would be to pay B's heir something to sign
> the REETA, plus an affidavit of no probate or something similar, or show
> that B is the sole person with any hypothetical interest in B's estate.
>
>
>
> If KCR or DOR still balks at allowing the REETA, I think you need to take
> it up the chain at DOR to a lawyer there.
>
>
>
> Alternatively: perhaps file a quiet title action alleging the existence of
> the unrecorded deed, name B's heir as defendant, and get a judgment
> quieting title in A's estate (or in A's heirs if you're ready to
> distribute).
>
>
>
> All my off-the-cuff thoughts; I haven't tried any of these solutions
> myself.
>
>
>
> Sincerely,
>
>
>
> Eric
>
>
>
> Eric C. Nelsen
>
> SAYRE LAW OFFICES, PLLC
>
> 1417 31st Ave South
>
> Seattle WA  98144-3909
>
> phone 206-625-0092
>
> fax 206-625-9040
>
>
>
> *Please Note that We Have Moved.* We have moved our Seattle office to
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> tunnel). *Our new address is 1417 31st Avenue South, Seattle WA 98144. *All
> other contact information remains the same.
>
>
>
> *From:* wsbapt-bounces at lists.wsbarppt.com [
> mailto:wsbapt-bounces at lists.wsbarppt.com
> <wsbapt-bounces at lists.wsbarppt.com>] *On Behalf Of *Karl Flaccus
> *Sent:* Tuesday, April 18, 2017 4:16 PM
> *To:* WSBA Probate & Trust Listserv
> *Subject:* [WSBAPT] Recorder's office issue
>
>
>
> 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
>
>
>
> *F**LACCUS** L**A**W*
>
> *7010 35th Ave. N.E.*
>
> *Seattle, Washington  98115*
>
> *206 523-0297*
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