[WSBARP] Deed Execution and Recording

[Dwight Bickel]

John is correct that a deed can be delivered prior to the death of the decedent, and can be recorded after death. However, that deed may not be insurable without more evidence of delivery and competency. The primary question is how important that deed is compared to the distribution intended by the Grantor in a Will or by intestate succession. If there was an alternate intended beneficiary of the decedent's estate plan, who is the person expected to contest the delivery of the deed prior to the death, then you might even need a probate legal action and TEDRA agreement confirming the property was conveyed prior to the death binding upon all others.

The title companies are taught that the failure to record the deed removes the presumption of delivery. So I recommend the grantee should prepare an Affidavit Confirming Delivery to be recorded with the prior deed. The affidavit might best be from someone other than the grantee, reciting as much factual knowledge to prove the GRANTOR intended that deed to be effective and delivered to the Grantee prior to the death of the Grantor. I also recommend gathering proof of the competency of the Grantor at the time of signing the deed. Depending on the cause of death, title companies are quick to question the competency if the illness is often accompanied by drugs that affect competency. For example, a deed signed while in hospice care is often signed while the decedent was taking heavy doses of pain medication. An attending physician is usually the best person to state competency related to illness and medications being taken by the patient. However, competency for a deed is not that difficult to establish and sometimes healthcare professionals are reluctant to opine about competency, which really is not their training or specialty.

Dwight A. Bickel
Real Property Title Advisor
Washington Title Professional
Dwight at DwightBickel.com<mailto:Dwight at DwightBickel.com>
https:/dwightbickel.com
206-484-1976

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of John J. Sullivan, Esq.
Sent: Tuesday, July 12, 2022 10:53 PM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Deed Execution and Recording

I just started on a project involving an unrecorded deed executed and notarized the beginning of the year whereby the now-deceased spouse converted the house from SP to CP. Grantor died very recently. We will record the deed. The conveyance is accomplished by execution and delivery to the Grantee. Recording only gives notice to the world ... with one exception of a sort. Before I saw it the potential client described the deed as a TOD deed. It's not, which is a good thing because a TOD deed is the exception - it must be recorded before the Grantor dies.

John J. Sullivan

From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com>> On Behalf Of Jeff at bellanddavispllc.com<mailto:Jeff at bellanddavispllc.com>
Sent: Tuesday, July 12, 2022 10:35 AM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] Deed Execution and Recording

In that case, I would agree with Doug and Eric that recording after death would not change its validity.

Jeff

W. Jeff Davis
BELL & DAVIS PLLC
P.O. Box 510
720 E. Washington Street, Suite 105
Sequim WA 98382
Phone: (360) 683.1129
Fax: (360) 683.1258
email: jeff at bellanddavispllc.com<mailto:jeff at bellanddavispllc.com>
www.bellanddavispllc.com<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.bellanddavispllc.com_&d=DwMFAg&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=p9vJsp0aoiE7RjUE9pW-_Qg_OI-6qMHlnZdfSllgAtM&m=eBsV_NCkj4C6F8mH9IocydQXIDBGj2eim1FAsgTccxc&s=FWZ2p9Ij4ygVSZ55BwM82V7Bpra979O6eVodO-SBhFY&e=>

The information contained in this e-mail message may be privileged, confidential, and protected from disclosure. If you are not the intended recipient, any dissemination, distribution, or copying is strictly prohibited. If you think that you have received this e-mail message in error, please e-mail the sender at info at bellanddavispllc.com<mailto:info at bellanddavispllc.com>  or call 360.683.1129.


From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com>> On Behalf Of Mark Anderson
Sent: Tuesday, July 12, 2022 10:30 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] Deed Execution and Recording

The purpose of the deed was to convert a tenancy in common to a joint tenancy with right of survivorship.  Grantors and Grantees are the same - they just changed the way in which they held title.

Grantor was in the last stages of battling cancer.  No known issues of competency or undue influence.  No known disgruntled heirs.

Mark B. Anderson
ANDERSON LAW FIRM PLLC
821 Dock St  Ste 209  PMB 4-12
Tacoma, Washington 98402
+1 253-327-1750
+1 253-327-1751 (fax)
marka at mbaesq.com<mailto:marka at mbaesq.com>
www.mbaesq.com<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.mbaesq.com_&d=DwMFAg&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=p9vJsp0aoiE7RjUE9pW-_Qg_OI-6qMHlnZdfSllgAtM&m=eBsV_NCkj4C6F8mH9IocydQXIDBGj2eim1FAsgTccxc&s=UylIuLFq94zNQmkFvC3CKn_2FzeHpCnnfg8rIZNliXE&e=>
CONFIDENTIALITY NOTICE
This transmission is confidential and is intended solely for the use of the individual named recipient. It may be protected by the attorney-client privilege, work product doctrine, or other confidentiality protection. If you are not the intended recipient, or the person responsible to deliver it to the intended recipient, be advised that any dissemination, distribution, or copying of this communication is prohibited. If you have received this transmission in error, please immediately notify the sender via e-mail or by telephone at (253) 327-1750 that you have received the message in error, and then delete it. Thank you.

From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com>> On Behalf Of Jeff at bellanddavispllc.com<mailto:Jeff at bellanddavispllc.com>
Sent: 07/12/2022 9:41 AM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] Deed Execution and Recording

Mark,

We need  more information on the situation at time of signing; and what was the purpose of the deed?  What was the Grantor's condition  when signing.  Are their disgruntled heirs involved?  Are there issues of undue influence or the competency of the Grantor?

Jeff

W. Jeff Davis
BELL & DAVIS PLLC
P.O. Box 510
720 E. Washington Street, Suite 105
Sequim WA 98382
Phone: (360) 683.1129
Fax: (360) 683.1258
email: jeff at bellanddavispllc.com<mailto:jeff at bellanddavispllc.com>
www.bellanddavispllc.com<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.bellanddavispllc.com_&d=DwMFAg&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=p9vJsp0aoiE7RjUE9pW-_Qg_OI-6qMHlnZdfSllgAtM&m=eBsV_NCkj4C6F8mH9IocydQXIDBGj2eim1FAsgTccxc&s=FWZ2p9Ij4ygVSZ55BwM82V7Bpra979O6eVodO-SBhFY&e=>

The information contained in this e-mail message may be privileged, confidential, and protected from disclosure. If you are not the intended recipient, any dissemination, distribution, or copying is strictly prohibited. If you think that you have received this e-mail message in error, please e-mail the sender at info at bellanddavispllc.com<mailto:info at bellanddavispllc.com>  or call 360.683.1129.


From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com>> On Behalf Of Mark Anderson
Sent: Tuesday, July 12, 2022 9:30 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: [WSBARP] Deed Execution and Recording

Dear Listmates:

Scenario - Grantor executed quitclaim deed Friday evening.  Grantor died on Saturday.  Quitclaim deed gets recorded on Monday.  Does anyone see any issues with validity or enforceability of the quitclaim deed?

Mark B. Anderson
ANDERSON LAW FIRM PLLC
821 Dock St  Ste 209  PMB 4-12
Tacoma, Washington 98402
+1 253-327-1750
+1 253-327-1751 (fax)
marka at mbaesq.com<mailto:marka at mbaesq.com>
www.mbaesq.com<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.mbaesq.com_&d=DwMFAg&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=p9vJsp0aoiE7RjUE9pW-_Qg_OI-6qMHlnZdfSllgAtM&m=eBsV_NCkj4C6F8mH9IocydQXIDBGj2eim1FAsgTccxc&s=UylIuLFq94zNQmkFvC3CKn_2FzeHpCnnfg8rIZNliXE&e=>
CONFIDENTIALITY NOTICE
This transmission is confidential and is intended solely for the use of the individual named recipient. It may be protected by the attorney-client privilege, work product doctrine, or other confidentiality protection. If you are not the intended recipient, or the person responsible to deliver it to the intended recipient, be advised that any dissemination, distribution, or copying of this communication is prohibited. If you have received this transmission in error, please immediately notify the sender via e-mail or by telephone at (253) 327-1750 that you have received the message in error, and then delete it. Thank you.

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20220713/71f95900/attachment.html>