[WSBAPT] House co-owner dies intestate

Wed Aug 17 09:47:05 PDT 2016

I think it's not a "clear title" because it is a transfer of a legal inherited interest. It's also 10 deeds, which is probably $800+ in recording charges.

Logistically, I'd say a TEDRA agreement is easier, though now as I think it further through, the Agreement would have to have language in it amounting to a quitclaim from each party to the co-owner son, and each signature should have a notary acknowledgment. Then when it's filed with the Court it becomes effective as a Court order. The TEDRA Agreement will have to function more or less as a Decree of Distribution of the real property.

Heather also may be right, that a title company might require an affidavit of lack of probate as well – though I think that could just be signed by the co-owner son.

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

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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Paul Neumiller
Sent: Wednesday, August 17, 2016 9:27 AM
To: 'WSBA Probate & Trust Listserv'
Subject: Re: [WSBAPT] House co-owner dies intestate

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> [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<mailto: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>
www.lisaschuchman.com<http://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>
www.lisaschuchman.com<http://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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