[WSBARP] Recording a Deed After Death

[Mark Anderson]

The following query was posted on the Probate and Trust Section Listserv.  What does everyone think about this scenario?

I am looking for some caselaw or authority regarding who can record a Quit Claim Deed after death of the Grantor.

Grantor died in an accident. Several days later, an attorney recorded a Quit Claim Deed transferring decedent's house into a JTWROS.

The QCD is dated a few days before the death and is signed by the decedent's DPOA. The recording attorney signed as decedent/grantor's "agent" on REETA. DPOA signed REETSS as Grantor signing decedent's name as POA and as Grantee signing her own name.

Their Response to my TEDRA Petition argues that the attorney was not in conflict to serve as the decedent's "agent" and that the decedent was part of this plan to transfer the house to JTWROS.

I have searched but haven't found anything on point - Does anyone have any case law or authority regarding them signing in this way?

Or that only the PR had the authority to record the document after death?


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<mailto:marka at mbaesq.com>
www.mbaesq.com<http://www.mbaesq.com/>
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