Deed not recognized 1a
The 1975 Will is said to be the document transferring ownership.
2003.08.04 10:59 am (Linda Mellott to Anthony O’Connell)
"I have been requested due to the absence of Janet Coldsmith to respond to your inquiry concerning the deed book information displayed on the Real Estate records and subsequent tax bills for the property located on Map Reference 090-4-01-0017 described as ACCOTINK STATION. Our records contain the reference transferring ownership as WB201-109 as the recorded document with the Land Records of Fairfax County Circuit Court to be the Last Will and Testament of Harold A O'Connell and the transfer of his Fairfax County real estate holdings to his listed heirs. We also display on our record the deed book and page where the heirs of Harold A O'Connell in October of 1992 under a Land Trust agreement named you as the Trustee of this property. DB8845-1444 is the Power of Attorney appointment by the heirs for you to represent them on matters pertaining to this property, and DB8845-1449 further defines your duties and responsibilities as Trustee. It also lists the Percentage of Interest in the Trust. These two documents do not convey ownership and are not required to be a part of the Real Estate records. Since they are recorded with the Land Records of Fairfax County Circuit Court, they are able to be researched by anyone inquiring about the handling of the real estate formerly owned by Harold A. O'Connell."
(The text in blue is about the 1975 Will at WB201p109. The text in green is about the 1992 trust documents)
- Why, when addressing the issue of conveying ownership, are the two trust documents that do not convey ownership addressed and identified by book and page number, but the trust document at Book 8307 page 1446, which is a deed that does convey ownership, is not mentioned.
- I don't understand why, in 2003, the Department of Tax Administration will still not say if they recognize, or do not recognize, that the 1992 deed at bk8307p1446 for the trust property supercedes the 1975 Will at WB201p109. This withholding renders the Trustee powerless. It would not be prudent to try to sell the trust property when the deed for the trust property is not recognized.