[WSBARP] Chain of Title Question

[Stromberg, Spencer]

I agree with Mark. I would add that I would consider including in the QCD
from Trustee Sally to individual Sally a statement that the transfer is
intended to be "after-acquired title" to Trustee Sally for purposes of the
2016 QCD and have Trustee Sally sign as accepting and acknowledging that
after-acquired title situation. I have done this before, using the
following language:

Grantors have previously deeded all such real estate to others under quit
claim deeds recorded under _______ County Auditor’s Recording File Numbers
xxxx, xxxx, and xxxx (“prior deeds”) which included after-acquired title;
it is the intent of the Grantors and Grantees of this Deed for the
interests conveyed hereunder to pass to the grantees of the prior deeds as
after-acquired title of the grantors of said prior deeds.

*Spencer A. W. Stromberg*
Attorney at Law


1403 S. Grand Blvd., Suite 201-S
Spokane, WA 99203-2278

P: 509.455.3713
D: 509.828.4644
F: +1.509.455.3718 (must dial 1 before area code)
E: spencer at lucentlaw.com

lucentlaw.com <https://www.lucentlaw.com/>
Facebook <https://www.facebook.com/lucentlaw>
LinkedIn <https://www.linkedin.com/company/lucent-law>
Twitter <https://twitter.com/LucentLaw>

CONFIDENTIALITY NOTICE: This email and any attachments are confidential and
may be protected by legal privilege. If you are not the intended recipient,
be aware that any disclosure, copying or distribution, or use of this email
or any attachment is prohibited. If you have received this email in error,
please notify me and delete it from your system.


On Thu, Mar 16, 2023 at 9:42 AM Mark Anderson <marka at mbaesq.com> wrote:

> 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
> www.mbaesq.com
>
>
> *CONFIDENTIALITY NOTICE *This transmission is confidential and is
> intended solely for the use of the individual named recipient. It may be
> protected by the attorney-client privilege, work product doctrine, or other
> confidentiality protection. If you are not the intended recipient, or the
> person responsible to deliver it to the intended recipient, be advised that
> any dissemination, distribution, or copying of this communication is
> prohibited. If you have received this transmission in error, please
> immediately notify the sender via e-mail or by telephone at (253) 327-1750
> that you have received the message in error, and then delete it. Thank you.
>
>
>
> *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
>
>
>
> The information contained in this email may be privileged, confidential or
>
> otherwise protected from disclosure.  If you received this email in error,
>
> please reply to the sender that you have received this information in error
>
> and delete this email.
>
>
> ***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.***
>
> _______________________________________________
> WSBARP mailing list
> WSBARP at lists.wsbarppt.com
> http://mailman.fsr.com/mailman/listinfo/wsbarp
>
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20230316/c39925d0/attachment.html>