[WSBAPT] Who Can Record QCD after death?

[Amy Goertz]

Thank you so much for your help.

I firmly believe they back-dated the documents after he died. He died 10/5, the documents are dated 9/30.

They were recorded 10/19.

I have been told that only the P.R. has authority to record after death, but have not been able to find a citation on point.

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/>







> On Jun 25, 2024, at 12:21 PM, Mark Anderson <marka at mbaesq.com> wrote:
> 
> Here are my initial observations:
>  
> A power of attorney is no longer effective after the principal has died.  Thus, if it was signed after the principal's death, the REETA SS is invalid.
> In my view, the attorney was not empowered to sign as agent for the decedent.  The only one authorized to give authority to the attorney to sign something on behalf of the decedent would be a court-appointed personal representative of the estate.  If it were me, I would be awfully uncomfortable and reluctant to sign as agent for a person who is now deceased.
>  
> I reposted your question on the WSBA Real Property Listserv – I will let you know what I hear from them.
>  
> 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 <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Amy Goertz
> Sent: Tuesday, June 25, 2024 7:28 AM
> To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> Subject: [WSBAPT] Who Can Record QCD after death?
>  
> 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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