[WSBAPT] Who Can Record QCD after death?

[Brent Williams-Ruth]

Amy -

I apologize for not having the time to respond entirely, but I recall that
there have been several posts over the years I have been part of the
section that discuss that a transfer is effective upon signing of the deed,
not recording. Recording is simply a matter for public ease to find
ownership. So recording after death would be OK.

That said, you have an interesting situation given that nothing was signed
by the Decedent, personally, and I am assuming that you are believing that
the deed WAS NOT actually signed by the agent at the Decedent's instruction
two days before death.

At the most recent RPPT Midyear meeting, there was a speaker who presented
on a topic titled: *Forensic Document Examination in Real Property, Probate
& Trust*
*Cases. The speaker was James Tarver of Central Valley Document Examination
Services LLC. *

Now, this may be WAY too contemporaneous to "date" the ink but his session
was absolutely riveting as to the ways you can track down bad
actions/actors through forensic document examination. It may be worth a
phone call to him to discuss the facts to see if he has any options.

Side note - he told the room that writing impressions go down FIVE sheets
of paper, so if you are writing an inappropriate note on a post-it DO NOT
do it on the document you are wanting to fraudulently alter. You can be
found out.

Good luck getting to the facts.

*Brent Williams-Ruth* (pronouns: he/him)
*Attorney-At-Law*

*Law Offices of Brent Williams-Ruth, **a division of BWR Consulting, PLLC*

*Physical Address: 500 S 336th Street, Suite 214; Federal Way, WA 98003*

*Mailing Address: **PO BOX 3319; Federal Way, WA 98063 *

Office/Scheduling Phone: (253) 285-7751

For All Meetings & Scheduling: info at williams-ruthlaw.com

e-mail <Brent at Williams-RuthLaw.com> / website
<http://www.williams-ruthlaw.com/> / facebook
<http://www.facebook.com/bwrlaw> /


On Tue, Jun 25, 2024 at 7:29 AM Amy Goertz <amyjgoertz at icloud.com> wrote:

> 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
>
> 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
>
>
>
>
>
>
>
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