[WSBAPT] Transfer of Clouded Community Real Property

[Inge Fordham]

Colleagues,

I have another situation I would appreciate advice on.  H & W owned a parcel of land in Mason County as H & W.  W passed away in 2014.  H did nothing to clear title.  In 2016, H executed a QCD, individually and as the surviving spouse of W, purporting to transfer the property to H, Son, and Daughter as JTWOS.  No probate.  Nothing else recorded (as far as a LOPA).  I’m afraid he only transferred his own ½ interest in the property.  H recently passed.  Absent the cloud created by virtue of W passing away in 2014, I would simply record a REETA and certified copy of H’s death certificate to clear him off.  That doesn’t work b/c it doesn’t address the cloud from W’s passing.  If we weren’t commencing probate, I would consider a LOPA for W’s interest.  However, we have to commence probate anyway – a joint probate for H & W – as there’s another property that has to be transferred via PR Deed.  The will states that everything go to S & D.  Is there any reason I can’t have the PR sign a PR deed transferring the Mason County property from the joint estate to S & D?  Or do I need to do a PR Deed for W’s interest and a separate REETA and Death Certificate for H’s interest?  I’m trying to save my clients the cost of two separate recording fees and transactions.

Thanks in advance,


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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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