[WSBARP] Chain of Title Question

[Mark Anderson]

Yes, the 2016 deed is effective as to what it conveyed.  However, because Sally's trust owns Sally's share and Sally signed the quitclaim deed individually, there was really nothing to be conveyed by Sally individually except any after-acquired title (assuming that there was an after-acquired title provision in the deed).

It looks like the best way to handle this would be for Sally's trust to execute and record a quitclaim deed conveying the trust's interest to Sally.  At that point, the "after-acquired title" language (if present) would serve to confirm the last intended conveyance.

Mark B. Anderson
ANDERSON LAW FIRM PLLC
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Tacoma, Washington 98402
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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Lenard Wittlake
Sent: 03/15/2023 6:30 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Chain of Title Question

Greetings,

Suppose:
2010 successor trustees convey title from deceased parents' trust to 7 children individually.
2012 one child, Sally, conveys with QCD her share to herself as trustee of her RLT.  Some other siblings do similarly to their trusts.
2016 Sally signs QCD individually, not as trustee, to convey her share to the other 6 siblings individually, in exchange for other property outside of WA.

Is the 2016 deed effective?  If not, what is the best way to correct the record?

Thank you,

Lenard L Wittlake, PLLC
Attorney & Counselor at Law
22 East Poplar Street, Suite 202
P.O. Box 1233
Walla Walla, WA 99362
(509) 529-1529 voice
(509) 850-3515 fax
Lenard at wittlakelaw.com<mailto:Lenard at wittlakelaw.com>

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