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

Wed Mar 25 08:56:06 PDT 2015

Chandra,
      I agree with Tom. Talk to a title company (and  make sure grantee uses that same company when he or she chooses to sell). The abbreviated legal is just a tax description. I suspect the wrong lot is in the header as well. What was conveyed was what is in the body of the deed. The header is not a part of the deed. So without seeing it, I am guessing you are fine. The title company may also have some insight on what happened. Also, if the grantee is going to hold on to it for a while, he or she might consider buying a policy now, for the minimum amount, to lock it in the opinion of the title company.

Steve

Stephen Whitehouse
Whitehouse & Nichols, LLP
Attorneys at Law
P.O. Box 1273
601 W. Railroad Ave.
Shelton, Wa. 98584
360-426-5885
swhite8893 at aol.com

-----Original Message-----
From: Chandra Lewnau <chandra at lewnaulaw.com>
To: WSBA Real Property Discussion List <wsbarp at lists.wsbarppt.com>
Sent: Tue, Mar 24, 2015 10:52 pm
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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