[WSBARP] Error on QCD and Grantor is now deceased

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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