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

[Douglas W. Scott]

That does sound like an option.  However, you do want to make the title insurance company happy so consider running it by their attorney to make sure it would satisfy them.

Douglas W. Scott
Law Offices of Douglas W. Scott
Windermere Building
1810 15th Place NW, Suite 203
Issaquah, Washington, 98027
V.  425.392.8550
F.  425-392-2829
www.davisscottlaw.com<http://www.davisscottlaw.com/>

From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Josh Grant
Sent: Monday, June 20, 2016 2:56 PM
To: wsbar
Subject: [WSBARP] Clearing up title - missing fulfillment deed - estate of grantor

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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