[WSBAPT] Who Can Record QCD after death?

Tue Jun 25 13:28:13 PDT 2024

Phil,

One situation where this might arise is where the transaction involves a
Real Estate Contract.  You generally want a satisfaction deed held by
someone in case the Seller dies before the contract is paid in full.  

Jeff Davis

W. Jeff Davis

BELL & DAVIS PLLC

Attorneys at Law
P.O. Box 510

720 E. Washington Street, Suite 105
Sequim WA 98382
Phone: (360) 683.1129 
Fax: (360) 683.1258 
email:  <mailto:jeff at bellanddavispllc.com> jeff at bellanddavispllc.com
 <http://www.bellanddavispllc.com/> www.bellanddavispllc.com

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com>
On Behalf Of Philip N. Jones
Sent: Tuesday, June 25, 2024 12:47 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Who Can Record QCD after death?

This is a fascinating question.  I do not know the answer.  One possible
answer is that the person recording the deed is acting on behalf of the
signer.  Or acting based on instructions provided before death.  But both of
those answers raise lots of their own questions.

All of this reminds us why we should not hold deeds on behalf of our
clients, to be recorded after death.  I have seen situations where the
client signed a deed, gave it to his attorney to be recorded after death,
then years later the client signed and recorded a different deed after
forgetting he had signed the earlier deed and left instructions that it
should be recorded after death.  Then the client died and the attorney does
not knows what to do next.  One family member insists that the deed be
recorded.  Another family member insists that it not be recorded.  What a
mess.  Yes, the attorney could go into court and ask for instructions, but
if the attorney does not know what to do, how is the court going to know
what to do?  I would rather have a root canal.  I am sure that others can
imagine other scenarios equally messy.  An intervening divorce, for example.
Let's not get into such messes.  Don't accept a signed deed to be recorded
after death.  Just say no.

Phil Jones 

Philip N. Jones |Duffy Kekel LLP

900 S.W. Fifth Ave., Suite 2500, Portland OR 97204

(503) 226-1371 (main) ) | (503) 226-3574 (fax)

(503) 853-1482 (cell)

 <mailto:pjones at duffykekel.com> pjones at duffykekel.com

From: wsbapt-bounces at lists.wsbarppt.com
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<wsbapt-bounces at lists.wsbarppt.com
<mailto:wsbapt-bounces at lists.wsbarppt.com> > On Behalf Of Mark Anderson
Sent: Tuesday, June 25, 2024 12:22 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com
<mailto:wsbapt at lists.wsbarppt.com> >
Subject: Re: [WSBAPT] Who Can Record QCD after death?

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)
 <mailto:marka at mbaesq.com> marka at mbaesq.com
 <http://www.mbaesq.com/> www.mbaesq.com

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<mailto:wsbapt-bounces at lists.wsbarppt.com> > On Behalf Of Amy Goertz
Sent: Tuesday, June 25, 2024 7:28 AM
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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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