[WSBAPT] Property Law Question (Those Darn Scriveners)

[Mark A. Morenz-Harbinger]

Hello Everyone,

The situation: Representing PR (nonintervention) who is to convey realty 
to themselves. While preparing the PR Deed, I discovered a small typo in 
the QCD that conveyed the parcel to the deceased in the first place (the 
deceased was trustee of her husband's estate, for the record). The typo 
was the omission of a number in the legal description ["Lot" instead of 
"Lot 7"]. The QCD was a form where the person entered the description by 
hand.

I believe that, with a de minimis scrivener's error in the rest of the 
deed, I would just ignore it. But having the error in the legal 
description is a different matter.

One complicating factor is that we have NO access to the recorder or 
assessor's office in person, so I cannot do a title search. And so when 
I say that it was "in error", really I am comparing what the person 
wrote on the QCD against what is listed online (which I know is not 
'official'). But since it is an omission of a number, I am inclined to 
believe that the QCD contains an error and that the online version is at 
least likely to be correct.

Do I...?
1- Ignore it. Use the same description as the QCD did.
2- Use what I believe the correct legal description to be, per the 
website.
3- Call the Deed a "Personal Representative's Deed for Conveyance and 
Correction" and list the legal description that is on the website as a 
correction and explicitly mention the error on the previous Deed (the 
street address was also changed by the city, too)

Just to spice things up even more, there is another reason-- which I 
won't get into here-- that I need for this probate to be closed ASAP. Or 
else I would probably:

4- Write them again to request the prior deed to the QCD. It took me two 
weeks to get the QCD last time. We absolutely do not want it to go that 
long. The goal is to file the Declaration of Closing of Probate (but we 
need to make this conveyance prior to that)

Thanks for any advice!

Best,
_Mark

-- 
Mark A. Morenz-Harbinger, Attorney-at-Law
HARBINGER LAW, PLLC // "See Success"
Ph: (360) 932-3987 // Fx: 866-501-8913
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