[WSBARP] Clearing up title - missing fulfillment deed - estate of grantor

[Josh Grant]

I have a client who either never received a fulfillment deed, or more likely received it and never recorded it many years ago. Exhaustive search proved fruitless.

The grantors are now both dead.  The sale was on a contract that was paid in full before the grantors died.

It turns out that grantors’ son is a friend of the grantee.
Instead of doing a quiet title action, I thought we might just open the probate back up and have son, who was PR sign a new fulfillment deed.  Problem is that title passed from grantor W to grantor H under a community property agreement and as a result son was not PR for his mom.

IF we find the CPA, and it probably was recorded, can I simply recite in deed that 2nd spouse to die inherited all from 1st spouse under a CPA and that the PR of the second to die therefore is conveying 100% interest in the property?

Josh

Joshua F. Grant, PS
Attorney at Law
P. O. Box 619
Wilbur, WA 99185
tel 509 647 5578
fax 509 647 2734
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