[WSBAPT] House co-owner dies intestate

[Eric Nelsen]

Quiet title won't work. Each child has inherited 1/20th of the interest in the house owned by X. Co-owner son's interest is not affected by X's death.

1. Any possibility of any percentage ownership other than 50-50?
2. Co-owner son might have a right to equitable reimbursement for mortgage, taxes, insurance, maintenance costs paid wholly by the son and not shared by X? Keep in mind a cause of action for equitable reimbursement is barred by 3-year statute of limitations (though not in the accounting done as part of a partition action, because the accounting is effectively an affirmative defense of set-off which is not affected by S/L).

I would get a PR appointed and propose sale of X's interest to the co-owner son based on a certified appraisal with a substantial discount for unmarketability of X's interest. If you have two heirs non-cooperative, file a motion for approval of the sale and give notice and let the court order it. Those heirs who want to waive the interest could agree to allow a credit to the co-owner son in the amount of their share.

Sincerely,

Eric

Eric C. Nelsen
SAYRE LAW OFFICES, PLLC
1417 31st Ave South
Seattle WA  98144-3909
phone 206-625-0092
fax 206-625-9040

Please Note that We Have Moved. We have moved our Seattle office to Mount Baker Ridge (a small commercial community just above the I-90 tunnel). Our new address is 1417 31st Avenue South, Seattle WA 98144. All other contact information remains the same.

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Lisa Schuchman
Sent: Monday, August 15, 2016 11:16 AM
To: WSBA Probate & Trust Listserv
Subject: [WSBAPT] House co-owner dies intestate

In 1999 X bought a house with his son as TIC.  The deed specifies that X's share is his separate property.  The son lives in the house and has paid all mortgage payments, taxes, etc.
In 2001 X died intestate.  He left 10 adult children and his wife, who is not their mother.  No probate.
In 2016, the co-owner son wants to refinance his mortgage and needs to clear title.
Most of his siblings are available and would agree that the house is his.  One sibling is non-responsive/refusing/reluctant.  Another sibling is in another country and not reachable (so far).
I believe that if the siblings and the wife all agree we could do a TEDRA agreement.  If they don't all sign on, what???  I'm thinking a quiet title?  Help?

Lisa E. Schuchman
206-325-2801, ext. 104
www.lisaschuchman.com<http://www.lisaschuchman.com/>

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