[WSBAPT] Trust - QC Deed - Deceased Trustee

[Eric Nelsen]

I think this can probably be dealt with by contacting your title company that you intend to use for the sale, and asking what they want in order to insure title from the current Trustee.

It can be done several ways, but the title company is who you want to make happy about it, since they will be involved in the actual sale.

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

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of William Brewer
Sent: Thursday, August 29, 2019 10:04 AM
To: WSBA Probate & Trust Listserv
Subject: [WSBAPT] Trust - QC Deed - Deceased Trustee

Listmates:

Imagine several of you have dealt with this situation before.

PC is the second Successor Trustee of a Trust (first Successor Trustee is alive, but no longer wanted to serve). The trust’s main asset is a home. The original Trustee (who is now deceased) received the property as Trustee per QC deed in the 90s. The QC deed stated: “convey and quitclaim to [deceased Trustee], Trustee”. Nothing is said about a successor trustee in the QC deed. The deed has not been changed or updated since the 90s.

The PC and Beneficiaries now wish to sell the property and wind up the Trust. The PC/current Trustee must execute a deed to remove it from the trust, but their name is not on the QC Deed. What is the most effective way of dealing with this to make sure the current Trustee can sell the property?

A correction deed only seems appropriate for minor clerical errors. Is the best route to file a current declaration of trust or affidavit of change of trustee in the county where the deed is recorded? An Affidavit of Death of Trustee and Consent of Successor Trustee?

Any help and especially examples you previously used would be greatly appreciated. I want to make sure I am not missing something and dealing with this the most efficient way possible for PC.

Feel free to message me directly. Thank you for your help!

Best Regards,

Will Brewer

William P. Brewer
Ravenna Estate Law
[signature_435521371]
4500 9th Ave NE, Suite 300
Seattle, WA 98105
T: 206.384.8349
E: Wbrewer at Ravennaestatelaw.com<mailto:Wbrewer at Ravennaestatelaw.com>
W: www.Ravennaestatelaw.com<http://www.Ravennaestatelaw.com>


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