[WSBAPT] Who Can Record QCD after death?

[Amy Goertz]

Good Morning,

I am looking for some caselaw or authority regarding who can record a Quit Claim Deed after death of the Grantor.

Grantor died in an accident. Several days later, an attorney recorded a Quit Claim Deed transferring decedent’s house into a JTWROS. 

The QCD is dated a few days before the death and is signed by the decedent’s DPOA. The recording attorney signed as decedent/grantor’s “agent” on REETA. DPOA signed REETSS as Grantor signing decedent’s name as POA and as Grantee signing her own name.

Their Response to my TEDRA Petition argues that the attorney was not in conflict to serve as the decedent’s “agent” and that the decedent was part of this plan to transfer the house to JTWROS.


I have searched but haven’t found anything on point - Does anyone have any case law or authority regarding them signing in this way? 

Or that only the PR had the authority to record the document after death?

Thanks in advance -

Amy

Amy J. Goertz, J.D.
Goertz & Lambrecht PLLC
amyjgoertz at icloud.com <mailto:amyjgoertz at icloud.com> 

1.888.926.2607 phone
1.877.684.1627 fax

Address for correspondence:
2829 S. Grand Blvd., Suite 303
Spokane, WA 99203 

Additional office locations:
510 Bell Street
Edmonds, WA 98020

Goertz & Lambrecht PLLC
www.goertzlambrecht.com <http://www.goertzlambrecht.com/>







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