[WSBARP] Tricky QPRT Question

[Carl Gay]

Strangely, I’ve encountered this situation before.

I would contact a trusted title company and purchase title insurance, with
you preparing a deed from the husband and wife (assuming the preliminary
commitment confirms title remains vested in them) which the escrow officer
would review prior to recording.

The title insurance premium should be less than lots of legal fees to chase
a questionable QPRT.

Good luck.

clg



CARL LLOYD GAY



    Non nobis solum nati sumus

      “Not unto ourselves alone are we born”

                   ~the motto of Willamette University~



                          *Law Offices*

      GREENAWAY & GAY

     *Attorneys and Counselors at Law *

                     (*Established 1985)*



734 East First Street       Suite A

Port Angeles, Washington   98362

Email                      carl at greenawaylawfirm.com

Telephone                (360) 452-3323

Facsimile                  (360) 452-3724



THIS EMAIL TRANSMISSION IS INTENDED FOR THE EXCLUSIVE USE OF THE INDIVIDUAL
OR ENTITY TO WHOM IT IS ADDRESSED, AND MAY CONTAIN PRIVILEGED AND
CONFIDENTIAL INFORMATION THAT IS COVERED BY THE ELECTRONIC COMMUNICATIONS
PRIVACY ACT (18 USC §§ 2510-2521). IF YOU ARE NOT THE INTENDED RECIPIENT OR
AGENT RESPONSIBLE TO DELIVER THE MESSAGE TO THE INTENDED RECIPIENT, YOU ARE
HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION, OR COPYING OF THIS
COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS
COMMUNICATION IN ERROR; PLEASE NOTIFY US IMMEDIATELY BY TELEPHONE AND/OR
EMAIL AND DELETE THE ORIGINAL MESSAGE. THANK YOU





*From:* wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com>
*On Behalf Of *Lynn Clare
*Sent:* Friday, June 14, 2024 11:16 AM
*To:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
*Subject:* Re: [WSBARP] Tricky QPRT Question



I guess I am struggling with:  If there is "no QPRT", what makes everyone
believe that the residence is in it?



On Fri, Jun 14, 2024 at 10:50 AM Jenni Volk <jenni at volklawfirm.com> wrote:

If anyone has any ideas on this one, I’d appreciate it.  Facts: H and W
want to create an RLT to avoid probate.  We soon realize that their
personal residence is in a QPRT from 2008 but the clients do not believe
the QPRT was ever created, no trust docs exist, no tax docs exist, no
memories of who the beneficiaries would have been… and the attorney
involved is now in prison somewhere.  We’d like to get the residence into
the RLT since we don’t know anything about the QPRT and clients believe it
doesn’t exist.  Is there a way to get the residence out of the QPRT and
into the RLT?  Some type of corrective deed?  Also, the H has several
children from different relationships that he will be disinheriting in the
RLT (and there may be more children out there) so some type of TEDRA
Agreement to clarify this situation probably won’t work.  Any thoughts
would be appreciated.



Thanks,
Jenni Volk



The Volk Law Firm PLLC

Mailing:  4616 25th Ave NE, #301, Seattle, WA  98105

Physical:  1833 N. 105th Street, Suite 101, Seattle, WA  98133

(206) 524-4117

www.volklawfirm.com



This electronic message is intended to be used exclusively by the
individual to whom it is addressed. This message may contain information
that is privileged, confidential or exempt from disclosure under applicable
law. If you are not the intended recipient or the employee or agent
responsible for delivering the message to the intended recipient, be aware
that any disclosure, dissemination, distribution or copying of this
communication or the use of its contents is strictly prohibited. If you
have received this communication in error, please notify us immediately by
phone at (206) 524-4117 and delete the original message from your e-mail
system. 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.***

_______________________________________________
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/20240615/27cb4e41/attachment.html>