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

Thu Sep 10 09:28:40 PDT 2020

John may be right about the effect of the divorce decree being sufficient.
The decree should be examined by a title officer to determine if acceptable.
In reviewing these matters, I see some pretty sketchy (legal term of art)
decrees. These are drafted either by layman or attorneys that don't handle
property law. The court orders lack legal descriptions and clarity of
exactly what property is being awarded. In those cases, I find that QCDs are
necessary.
But a properly drafted final decree could avoid the need for a QCD.

Michael A. Winslow
1204 Cleveland Ave.
Mount Vernon, WA 98273
Ph. 360-336-3321
Em. Mike at winslegal.com

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From: wsbapt-bounces at lists.wsbarppt.com
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of John McCrady
Sent: Wednesday, September 09, 2020 5:27 PM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Quiet Title re Deceased Grantor, Closed Probate, and
Dissolutions

I agree with Mike, with one caveat:
If the two divorce decrees actually awarded the property to Jane Doe and to
Client, then I see no reason for a quit claim deed.  The Superior Court
award of the property operates as a conveyance.

John McCrady
Counsel
Puget Sound Title Company
5350 Orchard Street West
University Place WA 98467
253-476-5721
j.mccrady at pstitle.com
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From: wsbapt-bounces at lists.wsbarppt.com
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Mike Winslow
Sent: Wednesday, September 09, 2020 4:24 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Quiet Title re Deceased Grantor, Closed Probate, and
Dissolutions

1. yes. Make sure the deed is a Warranty Fulfilment Deed form, not just a
PR's deed.

2. no. just sue the heirs at law of Joe Citizen.

3. Back date not necessary. Make sure the QCD conveys after acquired title.
Deed from John to Jane, not directly to client.
Should be exempt from excise tax, as incident to divorce. Use that
exemption. The special warranty deed from Jane to client should convey the
after acquired title of Jane received from John. Call
Me if more required on this.
Mike

Michael A. Winslow
1204 Cleveland Ave.
Mount Vernon, WA 98273
Ph. 360-336-3321
Em. Mike at winslegal.com

This message is from an attorney, so it's confidential. If you are not the
intended recipient, it's too late to stop reading this message, but you may
not use it for any improper purpose. Huge Disclaimer available upon request.

From: wsbapt-bounces at lists.wsbarppt.com
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Inge Fordham
Sent: Wednesday, September 09, 2020 3:53 PM
To: WSBA Probate & Trust Listserv
Subject: [WSBAPT] Quiet Title re Deceased Grantor, Closed Probate, and
Dissolutions

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.

2.	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?

3.	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?

2.	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?

3.	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=0B4P5JoIHdbF
aR29EbHlRWHFseFV5STZpSUVGeUNPWldkVDFVPQ
Inge A. Fordham | Attorney
Fordham Law, PLLC
3218 Sixth Avenue | Tacoma, WA 98406
Office: (253) 348-2657 | Mobile: (206) 778-3131
www.fordhamlegal.com
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