[WSBAPT] Unrecorded (For Decades) Deed and Current Probate Proceeding

[Mark Anderson]

I think the quiet title action option is the "cleanest" way to go about clearing up title.

Note: in this age of electronic recording, what are everybody's thoughts on scanning and recording the copy of a deed?

Mark B. Anderson
ANDERSON LAW FIRM PLLC
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Matt Yates
Sent: 06/01/2023 2:02 PM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Unrecorded (For Decades) Deed and Current Probate Proceeding

Client is Estate of PR's Father.  PR thought that Father's estate included a rental house and, indeed, Father treated the rental house as his until he died.  PR's Grandfather tried to deed the property in question to PR's Father back in the 80s but I cannot find that the deed was recorded then or later.  PR's Grandfather's Will was probated, this parcel was NOT specifically gifted, and residue of the estate went to PR's Grandmother.  PR's Grandmother's estate was probated, again no specific gift of this parcel, and residue of her estate went to PR's father and PR's aunt (only two children) in equal shares.  PR eventually comes to me and we are where we are.

At this point, I think I have two options which are to either re-open PR's Grandfather's probate and try using a PR deed to vest ownership in PR's Father's estate (or, perhaps, PR's Grandmother's Estate and then repeat process) or to try a quiet title action. In each case, other parties will have to be noticed or served, as applicable.

As additional context, I only have a copy of the deed from 1980s. PR is searching his father's belongings for the original.  Even if I had the original, I'm not sure we could record and I'm not entirely sure how to get a REETA executed or a Supplemental Statement necessary for a gift.

The ask - Anyone have any insight or other suggestions?  This feels like a bad law school hypo come to life.

Thanks in advance,
Matt

Matthew D. Yates
Attorney at Law
Yates Marshall, PLLC
10000 NE 7th Avenue, Suite 200
Vancouver, WA 98685
Phone: (360) 449-6100
Fax: (360) 449-6111
matt at yatesmarshall.com<mailto:matt at yatesmarshall.com>
www.yatesmarshall.com<http://www.yatesmarshall.com>

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