[WSBARP] how to correct two errors found in deed to decedent

Wed Mar 25 07:49:14 PDT 2015

When I have encountered this in the past, I work with the title company to make sure it is done the way they want it done. Typically it is a re-record of the original with changes to correct. The last one I was involved, the title company I worked with had the personal representative make the changes to correct. Long story short – work with the title company. 

Sincerely,

Tom

Thomas J. Westbrook

Attorney at Law

Rodgers, Kee & Card

324 West Bay Drive NW, Suite 201

Olympia, Washington  98502

Phone: 360-352-8311

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Email: tjw at buddbaylaw.com

Skype: thomas.westbrook

www.buddbaylaw.com

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From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Chandra Lewnau
Sent: Tuesday, March 24, 2015 10:51 PM
To: WSBA Real Property Discussion List
Subject: [WSBARP] how to correct two errors found in deed to decedent

In closing a probate and preparing a personal representative's deed, we noticed two problems with the original deed to the decedent and his wife:

1. The deed says lot 3, but the tax assessor record and another deed 2 transactions earlier in the chain of title say lot 2.

2. The abbreviated legal description refers to a plat by an incorrect recording number. The number in the full legal description that is attached as Exhibit A is correct.

Assuming I can figure out which lot number is correct, what is the proper way to handle this error? 

Does it matter if the abbreviated legal is incorrect as long as the full legal description is correct?

Is the title company that handled the sale to Decedent and his wife obligated to correct this?

Chandra M. Lewnau   Wills & Trusts | Probate | Small Business 

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