[WSBARP] WSBARP Re: Can deed be recorded post-mortem

[Carmen Rowe]

One thing to note ... I don't know we can safely say anymore that an
address is insufficient to constitute a legal description. Per the recent
caselaw we've discussed here before (don't have the case name off the top
of my head, but a few recent appellate decisions) the game has changed
through the misguided and IMO clearly incorrect holding, then later cited
and used again, that a tax parcel number might be sufficient if researching
the records for that number brings you to a correct full legal (upending
the whole premise you can't use extrinsic evidence). Throwing out
long-standing well-settled handy clear law on legal descriptions for
platted property.
I think the argument / analysis could easily be used to extend to
addresses, if the same research on the auditor's site (just using the
address instead of parcel number) brings the same fruit.

Mind you, I think this emerging line of cases is wildly incorrect, and can
only hope the Supreme Court takes it up and clarifies it - either changes
our existing law, or nixes the deviant appellate decisions. Meanwhile .....

That said - I wouldn't rely on that in recording. And I suppose you can
record it (as to answer your question, I don't think there is a prohibition
on recording a deed after death? if otherwise properly executed), as it's
only as good as a court later decides in any proceedings. Though then you
risk improper clouding of title if you're wrong, and paying taxes/etc. that
may not be owed if deed later declared insufficient.

But, if you're wanting to enforce the validity of the deed, and you can
show that a search of the auditor's page using the address brings you to
deeds with the full legal, this new way of viewing legal descriptions would
be an argument in probate to argue that the deed is valid (if that's the
position you're wanting to achieve).

Carmen Rowe



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Agree?I think the QCD is not effective and no point in recording it, and
probate of the Will that leaves everything to the client is the way to go.
Otherwise, the decedent?s children from a prior relationship will have
potential interests as heirs at law. Need to probate the Will?or at the
least, adjudicate testacy without appointment of a PR?to make the Will
effective.

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>

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com>
On Behalf Of Britt, Christopher
Sent: Monday, August 21, 2023 1:04 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Can deed be recorded post-mortem?

That's a wild ride.  I'm not sure that the transfer was ever effective as
there was no legal description on the deed.  From the moment that it was
executed, the conveyance would have been made but for the fact that it was
missing the legal description.  The description must be sufficiently
definite to locate the land without recourse to oral testimony, or it must
contain a reference to another instrument that contains a sufficient
description. This is necessary to meet the requirement of the statute of
frauds. There may be additional facts that can help.

Still, it seems as though you have the other avenue - taking it to probate
court.  That is what I would do in this case.

Christopher G. Britt, M.A., J.D.
Attorney at Law
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