[WSBARP] bad legal description in deed to decedent

[Mark Anderson]

Also, if the remaining language of the vesting deed supports a revision to the legal description (to correct what seem to be typos), then perhaps all you need to do is to re-record the deed with the corrections made.  There would be no need to obtain new signatures on a deed.  The REETA would need to reflect the correct WAC exemption and include reference to the earlier recording number for the deed and REETA file number.  If you wanted to be conservative about this, you could still track down the successor trustee and have them sign the REETA.  Otherwise, if you’re brave (so to speak) and confident as to the propriety of the changes, you could sign it in both places as agent for the parties.

I have successfully done this in the past where the parties signed over an entirely different piece of property than the one they intended to convey, so correcting some numbers in the legal description should not be a problem.

Mark B. Anderson
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From: wsbarp-bounces at lists.wsbarppt.com <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>
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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Chandra M. Lewnau  |  Attorney
WALL GROUP LAW
51 W. Dayton St., Suite 305  |  Edmonds, WA 98020
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