[WSBAPT] Who Can Record QCD after death?

Tue Jun 25 13:32:26 PDT 2024

Amy,
I believe what you should be looking for is law on whether delivery of the deed occurred. If delivery occurred, then the grantee can record.

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Subject: Re: [WSBAPT] Who Can Record QCD after death?

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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
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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

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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 Mark Anderson
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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
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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 Amy Goertz
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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

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