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

Thu Sep 10 08:42:24 PDT 2020

On two occasions in the past ten years I have vested title in contract purchasers absent a fulfillment deed where I could verify that the contract was paid in full, or enough time had passed, I was familiar with the parties and the contract amount was low enough that I felt comfortable taking the risk that the contract was paid off.  Depending on your circumstances, perhaps you can find a title company that is willing to do the same in order to get past hurdle one without having to re-open probate.

Jennifer

Jennifer M. Johnson
Attorney / Title Officer
Wahkiakum Title & Escrow Company
P.O. Box 39 / 68 Main Street
Cathlamet, WA 98612
(360) 795-3741
(360) 795-3001 (f)
www.wahtitle.com

From: WSBA ProbateTrust List <wsbapt-bounces at lists.wsbarppt.com> on behalf of John McCrady <j.mccrady at pstitle.com>
Reply-To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Date: Wednesday, September 9, 2020 at 5:27 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
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

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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:

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.

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?

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.  

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?

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?

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,

Inge A. Fordham | AttorneyFordham Law, PLLC3218 Sixth Avenue | Tacoma, WA 98406Office: (253) 348-2657 | Mobile: (206) 778-3131www.fordhamlegal.com 

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