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

[Philip N. Jones]

Not sure that the electronic recording services permit the recordation of a copy.  The services ask the recording party to certify that they have the original.
Or so I am told by my staff.
Phil Jones

Philip N. Jones
Duffy Kekel LLP
900 S.W. Fifth Ave. Suite 2500
Portland, OR 97204
pjones at duffykekel.com<mailto:pjones at duffykekel.com>
(503) 226-1371 - office
(503) 853-1482 - cell
(503) 226-3574 - fax

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Mark Anderson
Sent: Thursday, June 1, 2023 2:24 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Unrecorded (For Decades) Deed and Current Probate Proceeding

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
821 Dock St  Ste 209  PMB 4-12
Tacoma, Washington 98402
+1 253-327-1750
+1 253-327-1751 (fax)
marka at mbaesq.com<mailto:marka at mbaesq.com>
www.mbaesq.com<http://www.mbaesq.com/>
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From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of Matt Yates
Sent: 06/01/2023 2:02 PM
To: wsbapt at lists.wsbarppt.com<mailto: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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