[WSBARP] Error on QCD and Grantor is now deceased

[Julie Martiniello]

In drafting a transfer on death deed for a client we noticed that there is
a scrivener's error in the QCD granting her the full property from 20
years ago. The legal description has Div #3 and it should be Div #5. This
was pursuant to a legal separation. Ex-spouse passed away 15 years ago, so
where I would usually do a correction deed, the Grantor is no longer around
to sign it. The original deed is nowhere to be found either.  Even if we
found it, the Grantor is deceased so cannot sign the REETA.

My client would like some assurance that this will not create a huge issue
down the line if she decides to sell or more troubling if the child
inherits and then decide to sell the property.

Any of the title attorneys in here or other attorneys here have a
suggestion on how she can "clear" title without having to spend a bunch of
time and money on this?  Opening a probate for the ex-spouse popped into my
head, but seems like a lot of trouble for this. Is there anything else that
can be done?

-- 
Respectfully,

JULIE A. MARTINIELLO | PARTNER | DIMENSION LAW GROUP PLLC
130 Andover Park East, Suite 300 | Tukwila, WA 98188
t: *206.973.3500 *| f: *206.577.5090*| e: JULIE*@dimensionlaw.com*|
www.dimensionlaw.com


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