[WSBAPT] Possible adverse possession claim?

[Eric Nelsen]

No possible AP claim because (1) not exclusive possession for ten years, or (2) has no "color of title" to get in under the seven-year rule. Inheritance of a one-half interest by intestacy is not color of title to the whole.

The disabled child inherited a half share, same as the other. Disabled child needs a representative, probably a guardian. Probate won't solve the problem either because the PR has a limited duty to make sure an heir is able to receive her/his inheritance--and with a severe mental disability, the PR will need to make sure the distributed interest is placed in responsible hands.

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 Setareh Mahmoodi
Sent: Monday, August 22, 2016 12:22 PM
To: WSBA Probate & Trust Listserv
Subject: [WSBAPT] Possible adverse possession claim?

Hello,

I just wanted to brainstorm to see what remedies or options other than AP, if any, are available under the scenario below:

PC's mother passed away intestate about eight years ago, her only major asset was her home. She was survived by her two children, one of which is severely mentally disabled. The other daughter paid the property taxes every year and now wants to transfer title to herself. There was never a probate opened.

I feel that the other heir's disability is an issue here for AP. The other option I see is to open a probate and probate normally, however, I feel that PC might want to avoid that. I don't feel right about it. Any comments or suggestions are greatly appreciated.


--

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Best regards,



Setareh Mahmoodi

Attorney at Law

18222 104th Ave NE, Suite 103

Bothell, WA 98011

Phone: 425-806-1500

Cell: 206-683-1006

Fax: 425-489-4142 (Please email documents if at all possible)

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