COURT VALIDATES GIFT OF REAL ESTATE BY QUIT CLAIM

YAY!  Please indulge me in expressing sincere happiness for my clients who recently won their case on appeal with the excellent assistance of Ken Masters and Shelby Frost Lemmel.  I was trial counsel for this matter, and we fought hard at trial to defeat the claims of breach of an oral contract to devise, duress, unconscionability and fraud that were claimed by the disappointed parties that believed they would inherit a cabin.  Instead, when the decedent finally died, they learned that he had quit claimed the property to his nephews, my clients, before his death.

The trial court found that although the allegations of fraud, duress and unconscionability would not stand, the quit claim deed was not valid because it had not recited “consideration.”  We argued that no consideration was necessary for a quit claim deed.  The trial court disagreed, stating that the standard form in Washington requires it.  My client appealed, and chose the law firm of Ken Masters to handle that.

What an excellent choice!  Ken and Shelby utilized recent Washington case law to point out that the requirement of consideration in a quit claim has never been imposed.  You can read the opinion at:  http://www.courts.wa.gov, and it is styled:  “Dennis Bale, Respondent / Cross-Appellant v. Robert E. Fletcher, Appellant / Cross-Respondent.”  The opinion was released on February 11, 2013, Division I, Docket number 07/08/2011.