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

Mon Jan 23 14:00:48 PST 2017

Doug -

All three posts actually did post and with the contents in the email. 

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

We do not use encrypted email so this message is not secure and may not be
protected by attorney client privilege.  NOTE:  This email address is NOT
monitored 24/7.  If your matter requires prompt attention please call our
offices during business hours so we can discuss it with you and also discuss
timing.

This e-mail is intended for the exclusive use of the person or persons to
whom it is addressed. The Electronic Communications Privacy Act, 18 USC
Sections 2510-2521 applies to this e-mail. Unauthorized review of
distribution is strictly prohibited. If you are not the intended recipient,
please contact the sender by phone or reply e-mail. Do not disseminate this
e-mail and destroy the original e-mail and any copies.

-------Original Message-------

From: Doug Schafer
Date: 1/23/2017 1:59:48 PM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Recording a Quit Claim Deed after Death of Grantor

My vague recollection from 1st year property was that delivery of a deed to
the grantee perfected the conveyance of title.  But in a recent case
involving a condo owner that had delivered his properly executed QC Deed (in
lieu of foreclosure) to a lender, lawyers argued and the trial judge agreed
that title had not then transferred to the lender because it had not
recorded that deed (though its agents took control of the condo).  The
lender later accepted and recorded a deed in lieu.

So, in response to Eric's question to the listserv, even if the grantee had
actual or constructive possession of the deed but had received it on the
condition that it would not be recorded until after the grantor's death,
could it be said that title was not conveyed until that condition was
fulfilled -- the recording of the deed?

Note that the case of In re the Estate of O'Brien, 109 Wash.2d 913, 918, 749
P.2d 154 (1988) involved a QC deed "placed in a safety deposit box which was
in the joint names of the grantor-decedent and the grantee [grantor's sole
child], with equal access by both." Our state supreme court held it to be a
valid testamentary transfer because that was the grantor's intention,
writing:

"We hold (1) that when it is determined that the proved intent of the
grantor was to pass title upon his or her death, the legal requirement of
“delivery” is satisfied, and (2) that RCW 11.02.090 removes the conveyance
from the requirements of the statute relating to execution of wills, RCW 11
12.020. Our result satisfies the policy underlying the legal delivery
requirement. This fact, coupled with the philosophy expressed in RCW 11.02
090, leads to a just result which implements rather than frustrates the
intent of the decedent."

The O'Brien opinion was criticized in a student law review note: Susan
Tracey Stearns, "Compressing Testamentary Intent into Inter Vivos Delivery:
What Makes a Conveyance Effective?—in re Estate of O'Brien, 109 Wash.2d 913,
749 P.2d 154 (1988).", 64 Wash. L. Rev. 479 (1989).

Division II cited the O'Brien opinion as its basis for the following
statement: "Delivery of the deed, along with the grantor's intent to deliver
 is still necessary for the deed to be operative."  Corp. Dissolution of
Ocean Shores Park, Inc. v. Rawson-Sweet, 132 Wn. App. 903, 915, 134 P.3d
1188, 1194 (2006), rev. denied 159 Wash.2d 1009 (2007).

Doug Schafer, in Tacoma.

PS. This is my third attempt to post this. Both prior attempts show up in
the listserv's archives without content but with an error message, "An HTML
attachment was scrubbed..." followed by a URL at which my message's HTML
code can be viewed.  Must I send my messages as simple unformatted text?

On 1/23/2017 10:04 AM, Paul Neumiller wrote:
>
> I haven’t researched this issue (probably since first year law) but don’t
you have to have “delivery” of the deed to be effective?  What is your fact
pattern?  Did the PR just find the QD in the decedent’s drawer (indicating
no delivery) or was the QD delivered to the grantee but just not recorded? 
It may make a difference whether the interest passes via the QD or passes in
the residual clause of decedent’s Will.
>
> From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists
wsbarppt.com] On Behalf Of Eric Reutter
> Sent: Monday, January 23, 2017 9:36 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

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20170123/438509db/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: en2.gif
Type: image/gif
Size: 59054 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20170123/438509db/en2.gif>