[WSBAPT] Quiet Title re Deceased Grantor, Closed Probate, and Dissolutions

[Inge Fordham]

Listmates,

I have an interesting situation and would appreciate your thoughts.  Client went to sell her property and discovered multiple clouds on title.  The property was transferred over time as follows:


  1.  In 1985, Joe Citizen entered into a real estate contract to sell the property to John and Jane Doe.  The contract was fulfilled but no fulfillment deed was ever recorded.  Joe Citizen is now deceased.  Probate was opened and closed (for lack of activity) with no mention of the property (and no inventory and appraisement ever filed).  The title company involved in the transaction recognizes the heirs of Joe Citizen as the current legal owners of the property.



  1.  John and Jane Doe subsequently divorced.  The decree awarded the property to Jane Doe but John Doe never issued a QCD to Jane Doe.  This is the second cloud on title.  Presumably, this can be cleared up if John Doe will issue a QCD to Jane Doe.  My concern is that QCD of present date will not clear up title that should have been transferred pre-2000, when Jane Doe conveyed the property to Client.  Can I back-date the QCD to pre-2000?


  1.  In 2000, Jane Doe gifted the property to Client as “a married woman” via Special Warranty Deed.  Client subsequently divorced.  The divorce decree awarded the property to Client.  Client’s ex-husband never quit claimed the property to Client.

Obtaining a QCD from Client’s ex-husband is not a problem.  My questions have to do with the first two clouds on title and the most efficient method of clearing title.


  1.  If we trace back and locate the PR to the estate of Joe Citizen, do we have to re-open probate, record a PR deed, and close the probate again?



  1.  If we elect to file a quiet title action, do we have to re-open the probate to assert claims against the estate of Joe Citizen?



  1.  Can I back-date a QCD from John Doe to Jane Doe?  If not, how do I clear up that cloud?  If John Doe conveys to Client, it triggers excise tax, which we want to avoid.

Thanks in advance for your thoughts.

Best regards,


[uc%3fexport=download&id=1W3rEcChy0_E0cCfV5up02mkhwnL6eWIs&revid=0B4P5JoIHdbFaR29EbHlRWHFseFV5STZpSUVGeUNPWldkVDFVPQ]
Inge A. Fordham | Attorney
Fordham Law, PLLC
3218 Sixth Avenue | Tacoma, WA 98406
Office: (253) 348-2657 | Mobile: (206) 778-3131
www.fordhamlegal.com<http://www.fordhamlegal.com>

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