[WSBAPT] House co-owner dies intestate

Paul Neumiller pneumiller at hotmail.com
Wed Aug 17 09:27:24 PDT 2016


I must be missing something here because, if you have everyone’s agreement and they are willing to sign something, then why not just get quitclaim deeds from everyone stating that the purpose is to “clear title” and be done with it?

 

 

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of MK Henderson
Sent: Tuesday, August 16, 2016 4:22 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] House co-owner dies intestate

 

I think following along with Eric's suggestion, you have your client appointed PR, sign off on agreement re: TEDRA, PR files deed as PR for the estate grantor to PR as self grantee and in accordance with TEDRA agreement.  Close estate. 

 

On Tue, Aug 16, 2016 at 4:05 PM, Lisa Schuchman <lisa at lisaschuchman.com <mailto:lisa at lisaschuchman.com> > wrote:

Hi, again,

 

Yesterday I met with the clients described below.  They think that getting a signed agreement is very possible.  The next step is to figure out the step in between a TEDRA order (that the property belongs to the son) and an actual clearing of title.  What would the order have to include to convince a title company to clear title to the co-owner son?  I appreciate your thoughts.

 

Lisa E. Schuchman
206-325-2801, ext. 104 <tel:206-325-2801%2C%20ext.%20104> 
 <http://www.lisaschuchman.com/> www.lisaschuchman.com

Do something for somebody every day for which you do not get paid. –Albert Schweitzer

 

NOTE: I do not use encrypted email.  Messages sent to or from my office via email are not secure and may not be protected by attorney-client privilege. This email address is not monitored at all times.  If your matter is urgent, please phone my office during regular business hours.  

 

Any tax advice included in this document and its attachments was not intended or written to be used, and it cannot be used, for the purpose of avoiding penalties under the Internal Revenue Code.

P  Please consider the trees before printing this document

 

From: wsbapt-bounces at lists.wsbarppt.com <mailto:wsbapt-bounces at lists.wsbarppt.com>  [mailto: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 <tel:206-325-2801%2C%20ext.%20104> 
 <http://www.lisaschuchman.com/> www.lisaschuchman.com

Do something for somebody every day for which you do not get paid. –Albert Schweitzer

 

NOTE: I do not use encrypted email.  Messages sent to or from my office via email are not secure and may not be protected by attorney-client privilege. This email address is not monitored at all times.  If your matter is urgent, please phone my office during regular business hours.  

 

Any tax advice included in this document and its attachments was not intended or written to be used, and it cannot be used, for the purpose of avoiding penalties under the Internal Revenue Code.

P  Please consider the trees before printing this document

 


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-- 

Mary K. Henderson

Henderson Law Office PLLC
1123 Maple Ave SW, Suite 225

Renton, WA 98057

206-650-2472

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