[WSBARP] WSBARP Digest, Vol 107, Issue 18

Tue Aug 22 13:40:30 PDT 2023

Jef,     Here are my thoughts. While the deed is defective, if you can get the title company to insure over it, then you are okay. Title companies recognize dissolution decrees all the time that have bad descriptions.      The recording itself only gives notice to the world. It has no bearing on the relationship between the two people. The question is, was there a conveyance. Without delivery, there is no conveyance. 
Steve Whitehouse
Stephen WhitehouseWhitehouse & Nichols, LLPP.O. Box 1273601 W. Railroad Ave. Shelton, Wa. 98584360-426-5885swhite8893 at aol.com

    On Tuesday, August 22, 2023 at 12:00:20 PM PDT, <wsbarp-request at lists.wsbarppt.com> wrote:  

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Today's Topics:

  1. Can deed be recorded post-mortem? (Jon Fritzler)
  2. Re: Can deed be recorded post-mortem? (Britt, Christopher)
  3. Re: Can deed be recorded post-mortem? (Eric Nelsen)
  4. Oil tank remediation materials (marc holmeslawgroup.com)
  5. Re: Oil tank remediation materials (Hamilton Gardiner)
  6. litigation guarantee coverage question (Eric Nelsen)

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Message: 1
Date: Mon, 21 Aug 2023 19:50:37 +0000
From: Jon Fritzler <FritzlerLaw at outlook.com>
To: "WSBARP at lists.wsbarppt.com" <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Can deed be recorded post-mortem?
Message-ID:
    <CO6PR02MB7681F2CE87615CC66A98D24FAE1EA at CO6PR02MB7681.namprd02.prod.outlook.com>

Content-Type: text/plain; charset="us-ascii"

Listmates,
Client and his now deceased wife ("decedent") were married in 1996.  The resided in a house that decedent owned prior to the marriage. In 2011, wife signed a Quitclaim Deed transferring the house to client with the intention that it be recorded after her death to avoid probate.  The deed lists only the address of the property and does not provide a legal description.  I believe a deed can be recorded post-mortem, correct? However, a deed must have a full legal description of the property to be effective, correct?

Assuming the deed can't be recorded due to the lack of legal description, my question is if this can be handled with a Lack of Probate Affidavit instead of a probate.  The decedent had children from a previous marriage but had a Will that left her residuary estate, which includes the house, solely to client.

Sincerely,
Jon M. Fritzler
Attorney at Law
717 E. 22nd St.
Vancouver, WA 98666
Tel. 360.818.4431
E-mail fritzlerlaw at outlook.com<mailto:fritzlerlaw at outlook.com>

CONFIDENTIALITY
The information contained in this email is intended only for the use of the person or entity to whom it is addressed. This email may contain confidential or privileged information. If you are not the person whose name appears above, or the person responsible for delivering the email to the addressee, you are hereby notified that reading, using, copying, distributing or disseminating this communication is strictly prohibited. If you think that you have received this email message in error, please email the sender at fritzlerlaw at outlook.com<mailto:fritzlerlaw at outlook.com>. Thank you.

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Message: 2
Date: Mon, 21 Aug 2023 13:04:14 -0700
From: "Britt, Christopher" <christopher at lucentlaw.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Can deed be recorded post-mortem?
Message-ID:
    <CALBbJgNT1jeSbqiP9RiDEQos8BnAfhLWAFruzpYJscqDPr+hRg at mail.gmail.com>
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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

1403 S. Grand Blvd., Suite 201-S

Spokane, WA 99203-2278

P: 509.455.3713
D: 509.316.2131
F: +1.509.455.3718 (must dial 1 before area code)

E: *christopher at lucentlaw.com <christopher at lucentlaw.com>*

Web: www.lucentlaw.com

On Mon, Aug 21, 2023 at 12:56?PM Jon Fritzler <FritzlerLaw at outlook.com>
wrote:

> Listmates,
>
> Client and his now deceased wife (?decedent?) were married in 1996.  The
> resided in a house that decedent owned prior to the marriage. In 2011, wife
> signed a Quitclaim Deed transferring the house to client with the intention
> that it be recorded after her death to avoid probate.  The deed lists only
> the address of the property and does not provide a legal description.  I
> believe a deed can be recorded post-mortem, correct? However, a deed must
> have a full legal description of the property to be effective, correct?
>
>
>
> Assuming the deed can?t be recorded due to the lack of legal description,
> my question is if this can be handled with a Lack of Probate Affidavit
> instead of a probate.  The decedent had children from a previous marriage
> but had a Will that left her residuary estate, which includes the house,
> solely to client.
>
>
>
> Sincerely,
>
> Jon M. Fritzler
>
> Attorney at Law
>
> 717 E. 22nd St.
>
> Vancouver, WA 98666
>
> Tel. 360.818.4431
>
> E-mail fritzlerlaw at outlook.com
>
>
>
> CONFIDENTIALITY
>
> The information contained in this email is intended only for the use of
> the person or entity to whom it is addressed. This email may contain
> confidential or privileged information. If you are not the person whose
> name appears above, or the person responsible for delivering the email to
> the addressee, you are hereby notified that reading, using, copying,
> distributing or disseminating this communication is strictly prohibited. If
> you think that you have received this email message in error, please email
> the sender at fritzlerlaw at outlook.com. Thank you.
>
>
>
>
> ***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.***
>
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Message: 3
Date: Mon, 21 Aug 2023 20:19:16 +0000
From: Eric Nelsen <eric at sayrelawoffices.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Can deed be recorded post-mortem?
Message-ID:
    <SA1PR05MB7888B90EE921D0D06F766F4CDD1EA at SA1PR05MB7888.namprd05.prod.outlook.com>

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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
[https://ci3.googleusercontent.com/mail-sig/AIorK4wMRe_ukoUDSfEk1B9GOtzEv1ZmETJ5W4aT8G-i1q6fL7AkhPL9-7Q-uOEqpeS39zB_6R0N47HVfeKJTfKSM6im7XYlsivfchznVeSWqQ]
1403 S. Grand Blvd., Suite 201-S
Spokane, WA 99203-2278

P: 509.455.3713
D: 509.316.2131
F: +1.509.455.3718 (must dial 1 before area code)
E: christopher at lucentlaw.com<mailto:christopher at lucentlaw.com>
Web: www.lucentlaw.com<http://www.lucentlaw.com/>

On Mon, Aug 21, 2023 at 12:56?PM Jon Fritzler <FritzlerLaw at outlook.com<mailto:FritzlerLaw at outlook.com>> wrote:
Listmates,
Client and his now deceased wife (?decedent?) were married in 1996.  The resided in a house that decedent owned prior to the marriage. In 2011, wife signed a Quitclaim Deed transferring the house to client with the intention that it be recorded after her death to avoid probate.  The deed lists only the address of the property and does not provide a legal description.  I believe a deed can be recorded post-mortem, correct? However, a deed must have a full legal description of the property to be effective, correct?

Assuming the deed can?t be recorded due to the lack of legal description, my question is if this can be handled with a Lack of Probate Affidavit instead of a probate.  The decedent had children from a previous marriage but had a Will that left her residuary estate, which includes the house, solely to client.

Sincerely,
Jon M. Fritzler
Attorney at Law
717 E. 22nd St.
Vancouver, WA 98666
Tel. 360.818.4431
E-mail fritzlerlaw at outlook.com<mailto:fritzlerlaw at outlook.com>

CONFIDENTIALITY
The information contained in this email is intended only for the use of the person or entity to whom it is addressed. This email may contain confidential or privileged information. If you are not the person whose name appears above, or the person responsible for delivering the email to the addressee, you are hereby notified that reading, using, copying, distributing or disseminating this communication is strictly prohibited. If you think that you have received this email message in error, please email the sender at fritzlerlaw at outlook.com<mailto:fritzlerlaw at outlook.com>. Thank you.

***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.***

_______________________________________________
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Message: 4
Date: Tue, 22 Aug 2023 15:28:44 +0000
From: "marc holmeslawgroup.com" <marc at holmeslawgroup.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Oil tank remediation materials
Message-ID:
    <SN6PR15MB2206569A18E2A9C40AC2C9CABD1FA at SN6PR15MB2206.namprd15.prod.outlook.com>

Content-Type: text/plain; charset="utf-8"

I have a client purchasing a residential property that recently had a pretty extensive but oil tank clean up completed.  Seller has provided an avalanche of materials and it seems that a known amount of contaminated soil was left in place.  I took the bare minimum of chemistry classes so this stuff is pretty much a foreign language to me.  I need a referral to someone qualified to review these materials and advise the client on to the adequacy of the work.

Marc Holmes, JD
Holmes Law Group PLLC
2303 W. Commodore Way, Suite 306
Seattle, WA 98199
marc at holmeslawgroup.com<mailto:marc at holmeslawgroup.com>
(206) 849-0853

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Message: 5
Date: Tue, 22 Aug 2023 15:58:59 +0000
From: Hamilton Gardiner <Hamilton at lawhg.net>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Oil tank remediation materials
Message-ID:
    <SJ0PR07MB9398868E272E7BE8E77EC13BCA1FA at SJ0PR07MB9398.namprd07.prod.outlook.com>

Content-Type: text/plain; charset="utf-8"

David Dicks is an excellent environmental attorney:

David D. Dicks
david at tatooshlaw.com<mailto:david at tatooshlaw.com>
(206) 550-2685
4444 Woodland Park Ave N
Suite 100
Seattle, WA 98103

-Hamilton

[A picture containing text, sign, outdoor  Description automatically generated]<https://www.lawhg.net/>

Hamilton H. Gardiner
1000 2nd Avenue, Suite 1770
Seattle, Washington 98104
hamilton at lawhg.net<mailto:hamilton at lawhg.net>    D: 206-438-9116

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of marc holmeslawgroup.com
Sent: Tuesday, August 22, 2023 8:29 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Oil tank remediation materials

I have a client purchasing a residential property that recently had a pretty extensive but oil tank clean up completed.  Seller has provided an avalanche of materials and it seems that a known amount of contaminated soil was left in place.  I took the bare minimum of chemistry classes so this stuff is pretty much a foreign language to me.  I need a referral to someone qualified to review these materials and advise the client on to the adequacy of the work.

Marc Holmes, JD
Holmes Law Group PLLC
2303 W. Commodore Way, Suite 306
Seattle, WA 98199
marc at holmeslawgroup.com<mailto:marc at holmeslawgroup.com>
(206) 849-0853

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Message: 6
Date: Tue, 22 Aug 2023 18:53:36 +0000
From: Eric Nelsen <eric at sayrelawoffices.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] litigation guarantee coverage question
Message-ID:
    <SA1PR05MB78880C4874E7E4D44AE26EEDDD1FA at SA1PR05MB7888.namprd05.prod.outlook.com>

Content-Type: text/plain; charset="us-ascii"

I have generally used litigation guarantees as a method of determining the proper defendants when I'm pursuing an adverse possession claim. That is, my client has encroached on a neighboring parcel, so I need to confirm who has interests in that property.

Now, though, I'm doing a trespass and ejectment claim against an encroaching party, who owns the neighboring property. My client is being encroached upon, but defendant hasn't encroached long enough to establish adverse possession.

My dilemma:

If I order a litigation guarantee on my client's property which is encroached upon, then the guarantee will simply confirm that my client is the vested owner. That doesn't help me confirm the identity of the proper defendant.

If I instead order a litigation guarantee on the neighboring property, it will confirm the identity of the encroaching party, BUT it appears to me that the litigation guarantee won't actually provide any insurance coverage for my client. Part of the guarantee states:

"This Guarantee is restricted to the use of the Assured solely for the purpose of providing information to facilitate the commencement of the suit at law...affecting the land described in Schedule A." But the land described in Schedule A is the neighboring parcel, not my client's parcel which is being encroached upon.

Am I doing this wrong? Is there another type of litigation guarantee that covers when the insured is being encroached upon and is seeking to identify the defendant(s) who own(s) the neighboring parcel?

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>

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End of WSBARP Digest, Vol 107, Issue 18
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