[WSBAPT] Recording a Quit Claim Deed after Death of Grantor

[jacyphers at gmail.com]

If the deed was not recorded, was there delivery of the deed to the donee??
How did you get a completed gift?
 
    
  
Jackie Cyphers
Jeannette A. Cyphers, Attorney at Law
P. O. Box 908   
Edmonds, WA 98020-0908
425-776-5887
fax 425-640-0814
jacyphers at gmail.com
 
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-------Original Message-------
 
From: Eric Reutter
Date: 1/23/2017 9:41:35 AM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Recording a Quit Claim Deed after Death of Grantor
 
Hello and good morning,


I have a simple fact pattern that presents and interesting procedural
question. I am involved in a probate situation where, before passing away,
the decedent had properly executed a quit claim deed for the decedent’s
interest in a home. The decedent, however, did not record the deed or
corresponding REETA/Supplemental REETA before the decedent’s death.


This situation now presents the following question: What is the procedure
for recording a quit claim deed after the grantor had passed away?
(Specifically in regards to the REETA and Supplemental REETA)


My first thought was simply to have the personal representative sign the
REETA and Supplemental REETA on behalf of the decedent. The representative
at the King County Recorder’s Office, however, told me that they wanted
guidance from the DOR before they would be comfortable with the PR signing
off on the Supplemental REETA (they seemed to have no problem recording the
deed itself, or with the PR signing off on the REETA, but seemed to be
uncomfortable with the PR signing off on the Supplemental REETA).


When I spoke with the DOR on the phone, the DOR representative suggested
that I use the inheritance WAC (458-61A-202) on the REETA so as to avoid the
need entirely for the Supplemental REETA. I told the representative that I
did not fully understand that solution, as the quit claim deed represents an
inter-vivos transfer, and that it seemed inappropriate to me to cite the
inheritance WAC for such a transfer. The DOR agent was unable to give me
written confirmation of this procedure.


I would greatly appreciate any guidance on this issue. I have a few more
ideas for how to proceed, but I am curious to see if other practitioners
have seen this issue before and, if so, how they recorded the quit claim
deed.
Best regards,


Eric Reutter, Partner 
J.D., LL.M. Taxation
14205 SE 36th Street, Suite 100
Bellevue, WA 98006
(425) 298-7110 | appelgatereutter.com 


  



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