[WSBARP] TEDRA Petition - Quiet Title - Determination of Ownership

[Mark McClure]

I have a case where a former wife purchased real estate while married, went
through a pro-se divorce, then her husband died.



The Decree of Dissolution makes it clear she gets the real property but
didn’t contain the formalities to ensure clear title.  Does anyone have a
TEDRA Petition similar or to clarify ownership rights?  Trying not to
reinvent the wheel here for the client.



Regards,



*Mark C. McClure* *| *
*Managing Attorney *Law Office of Mark McClure, PS

*"Why Retire With Debt?"*1103 West Meeker Street, #101
Kent, WA 98032

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*From:* wsbarp-bounces at lists.wsbarppt.com [mailto:
wsbarp-bounces at lists.wsbarppt.com] *On Behalf Of *Mark Anderson
*Sent:* Thursday, March 16, 2023 9:36 AM
*To:* WSBA Real Property Listserv
*Subject:* Re: [WSBARP] Chain of Title Question



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
821 Dock St  Ste 209  PMB 4-12
Tacoma, Washington 98402
+1 253-327-1750
+1 253-327-1751 (fax)
marka at mbaesq.com
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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



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