[WSBARP] [WSBAPT] What the heck

Thu Sep 1 09:35:09 PDT 2022

Thank you for all of the responses.  It is confusing, like a law exam and was not done by a lawyer, . . . well a wannabe lawyer from the Yahoo-Google School of Law.  It turns out the grantor is the brother of grantee; both are living.  I wonder if  quit claim deeds from brother, and the third person, to grantee would clear title?  I would hate to start a quiet title action.  I may need to run this by a title company.

Thanks for your help! 

Jeff

W. Jeff Davis

BELL & DAVIS PLLC

Attorneys at Law
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> 
 <http://www.bellanddavispllc.com/> www.bellanddavispllc.com

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  <mailto:info at bellanddavispllc.com> info at bellanddavispllc.com  or call 360.683.1129.

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Philip N. Jones
Sent: Wednesday, August 31, 2022 5:50 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Cc: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBAPT] What the heck

Very odd. Looks like a life estate (which is OK) combined with a restraint on alienation (which is not OK).  Shame on he or she who drafted it.

Phil Jones

Philip N. Jones 

Duffy Kekel LLP

Portland, OR

pjones at duffykekel.com <mailto:pjones at duffykekel.com> 

(503) 853-1482 cell

On Aug 31, 2022, at 5:05 PM, Eric Nelsen <eric at sayrelawoffices.com <mailto:eric at sayrelawoffices.com> > wrote:

Law school exam!

“In case of accident or death the property here-of will rightfully be returned to the Grantor.” This is too vague to be enforceable. What does accident mean? Death of whom? What does “rightfully” mean?

“In case of death of both parties the hereby property will be left in the name of [another person] with the agreement he cannot sell said property in his life time.” If “both parties” means Grantor and Grantee, then this is a failed attempt to create some kind of transfer on death contingency and doesn’t meet the statutory requirements, and likely was executed before the law was even enacted I am guessing.

“The Grantee agrees not to sell or lease the said property in the life-time of the Grantor.” This is phrased like a covenant and Grantee didn’t sign so I don’t think it would be enforceable. It’s phrased like a covenant, not a condition on the fee. It would be difficult to parse this into a valid fee determinable on a condition subsequent or other estate.

All that said, I bet a title company would list the language as an exception, so Grantee likely would need a declaratory judgment or quiet title action to remove the language as a cloud on title.

Sincerely,

Eric

Eric C. Nelsen

Sayre Law Offices, PLLC

1417 31st Ave South

Seattle WA 98144-3909

206-625-0092

eric at sayrelawoffices.com <mailto:eric at sayrelawoffices.com> 

Covid-19 Update - All attorneys are working remotely during regular business hours and are available via email and by phone. Videoconferencing also is available. Signing of estate planning documents can be completed and will be handled on a case-by-case basis. Please direct mail and deliveries to the Seattle office.

From: wsbapt-bounces at lists.wsbarppt.com <mailto:wsbapt-bounces at lists.wsbarppt.com>  <wsbapt-bounces at lists.wsbarppt.com <mailto:wsbapt-bounces at lists.wsbarppt.com> > On Behalf Of Jeff at bellanddavispllc.com <mailto:Jeff at bellanddavispllc.com> 
Sent: Wednesday, August 31, 2022 3:38 PM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com <mailto:wsbarp at lists.wsbarppt.com> >; 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com <mailto:wsbapt at lists.wsbarppt.com> >
Subject: [WSBAPT] What the heck

Listmates:

By Statutory Warranty Deed, a person, for love and affection, conveys and warrants to Grantee, property.  After the legal description the following was added:

                In case of accident or death the property here-of will rightfully be returned to the Grantor.  In case of death of both parties the hereby property will be left in the name of [another person] with the agreement he cannot sell said property in his life time.

                The Grantee agrees not to sell or lease the said property in the life-time of the Grantor.

The deed was signed like any other deed, there are no witnesses.

Assuming Grantor is still alive, is Grantee prohibited from selling?  It seems the added language is in conflict with the convey and warrant language.  It possibly violates some legal rules.  Have any of you run into this before?  

Jeff

W. Jeff Davis

BELL & DAVIS PLLC

Attorneys at Law
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> 
 <https://nam11.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.bellanddavispllc.com%2F&data=05%7C01%7Cpjones%40duffykekel.com%7C413a66be2beb448b495208da8bada5eb%7C2d66ed5354fa4c2f8c4dbff1aca5479d%7C0%7C0%7C637975875193094188%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C2000%7C%7C%7C&sdata=XJM6EY%2FS7Au7elUzbOdbZG0%2Fuhpo1AAzNACGO9DppUg%3D&reserved=0> www.bellanddavispllc.com

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  <mailto:info at bellanddavispllc.com> info at bellanddavispllc.com  or call 360.683.1129.

***Disclaimer: Please note that RPPT listserv participation is not restricted to practicing attorneys and may include non-practicing attorneys, law students, professionals working in related fields, and others.***
_______________________________________________
WSBAPT mailing list
WSBAPT at lists.wsbarppt.com <mailto:WSBAPT at lists.wsbarppt.com> 
http://mailman.fsr.com/mailman/listinfo/wsbapt

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20220901/319cc91c/attachment.html>