[WSBARP] bad legal description in deed to decedent

[Mark Anderson]

If you really wanted to "nail it down," you could do a quiet title action.  Short of that, Rod's suggestion would be the next best thing.  Using information on the past excise tax affidavits, perhaps you could do some sleuthing to find someone in the chain who has a copy of the trust instrument.

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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Rod Harmon
Sent: Tuesday, August 17, 2021 9:12 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] bad legal description in deed to decedent

So, it sounds like the root of the problem is that you do not have the governing instrument.  If you did have it, you could maneuver through RCW 11.98.039 for the appointment of a substitute trustee, presumably your client, who would sign a correction deed.

Rod Harmon

RODNEY T. HARMON
       Attorney at Law
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      Bothell, WA   98041
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From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Chandra Lewnau
Sent: Monday, August 16, 2021 6:06 PM
To: WSBA Real Property Discussion List <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: [WSBARP] bad legal description in deed to decedent

I represent a personal representative. In drafting a PR deed to a beneficiary, I noticed a shocking number of errors in the legal description to the Decedent (from her as successor trustee of a family living trust to her as an individual). It looked like the law firm that prepared it had used OCR and didn't proofread.  It stated the SW 0/0 in two places instead of SW 1/4 and some of the degrees, minutes, seconds notations were clearly wrong. I reviewed the previous deed in the chain of title (from the decedent and her now deceased husband to the family living trust) and was able to identify and fix the errors.  I had my client sign a deed with the corrected legal description.The beneficiary has his own attorney and I have informed him of the situation. If my client had been a successor trustee on the trust I would have just done a correction deed, but my client is unaware of the terms of the living trust or who might have been a successor trustee. The parcel is located in Seattle and the street address and tax assessor id on the bad deed were correct. I'm not sure what else, if anything, my client needs to do as PR to clear this up and convey good title.


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