[WSBARP] Error on QCD and Grantor is now deceased
Kary Krismer
Krismer at comcast.net
Thu Dec 12 12:32:33 PST 2019
I agree with Eric, and throw this out only as a last ditch effort if it
were absolutely necessary.
Reopen the court proceeding and get someone appointed to sign on behalf
of the deceased. I have no idea if that is legally possible, but I can
almost guarantee you the opposition won't lift a finger to stop you. ;-)
Kary L. Krismer
206 723-2148
On 12/12/2019 12:24 PM, Eric Nelsen wrote:
>
> If the deed is 20 years old and client has been living there and
> paying property taxes the whole time, I think there's a good chance a
> title insurance company would be willing to insure around the
> scrivener's error. You also could look at the divorce decree, and see
> if perhaps the error is */not/* in that document; that might help
> reassure a title company. Also look at the pre-divorce deed when the
> spouses first purchased. All of that could be good evidence that would
> reassure all involved that the scrivener's error won't be a problem.
>
> I know the client is looking for "assurance," but the price of true,
> absolute assurance is probably doing a quiet title to correct the
> legal description. Or, the cheaper version is talking to a title
> officer and get some informal reassurance—while recognizing that
> anything the title officer says isn't actually a commitment; it's just
> an opinion that offers some level of likelihood that there won't be a
> future problem.
>
> Sincerely,
>
> Eric
>
> Eric C. Nelsen
>
> Sayre Law Offices, PLLC
>
> 1417 31st Ave South
>
> Seattle WA 98144-3909
>
> 206-625-0092
>
> eric at sayrelawoffices.com
>
> *From:* wsbarp-bounces at lists.wsbarppt.com
> <wsbarp-bounces at lists.wsbarppt.com> *On Behalf Of *Julie Martiniello
> *Sent:* Thursday, December 12, 2019 10:50 AM
> *To:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
> *Subject:* [WSBARP] Error on QCD and Grantor is now deceased
>
> 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,
>
>
> JULIEA. MARTINIELLO |PARTNER | DIMENSION LAWGROUPPLLC
> 130 Andover Park East, Suite 300 | Tukwila, WA 98188
>
> t: _206.973.3500 _| f: _206.577.5090_| e:JULIE at dimensionlaw.com|
> <mailto:JULIE at dimensionlaw.com|>www.dimensionlaw.com
> <http://www.dimensionlaw.com/>
>
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