[WSBAPT] Possible adverse possession claim?

[Setareh Mahmoodi]

Thank you both!

That's what I thought, she insisted that another attorney told her she had
an AP claim and I wanted to make sure I am not missing anything.

Thanks,

Setareh

On Mon, Aug 22, 2016 at 12:38 PM, Eric Nelsen <Eric at sayrelawoffices.com>
wrote:

> 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
>
>
>
> *Please Note that We Have Moved.* We have moved our Seattle office to
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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.
>
>
>
> --
>
> Please always call 206-683-1006 or email before dropping by the office as
> I could be in court or meetings. Thanks!
>
> *Best regards, *
>
>
>
> *Setareh Mahmoodi *
>
> *Attorney at Law *
>
> *18222 104th Ave NE, Suite 103*
>
> *Bothell, WA 98011*
>
> *Phone: 425-806-1500 <425-806-1500>*
>
> *Cell: 206-683-1006 <206-683-1006>*
>
> *Fax: 425-489-4142 <425-489-4142> (Please email documents if at all
> possible) *
>
> *Website: **http://www.lawofficesofsm.com/
> <http://www.lawofficesofsm.com/>*
>
>
>
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-- 

Please always call 206-683-1006 or email before dropping by the office as I
could be in court or meetings. Thanks!

*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) *

*Website: **http://www.lawofficesofsm.com/ <http://www.lawofficesofsm.com/>*


*CONFIDENTIALITY NOTICE:* This email message and any attachments is a
transmission from the law firm and is intended for the recipient only.  It
may contain information that is confidential and legally protected by the
attorney-client, work product and/or other privileges.  If you are not the
designated or intended recipient, please destroy the message without
disclosing any of its contents and notify us immediately by reply email or
by calling (425) 806-1500.

Pursuant to U.S. Treasury Department Regulations, we are now required to
advise you that, unless otherwise expressly indicated, any federal tax
advice contained in this communication, including attachments and
enclosures, is not intended or written to be used, and may not be used, for
the purpose of (i) avoiding tax-related penalties under the Internal
Revenue Code or (ii) promoting, marketing or recommending to another party
any tax-related matters addressed herein.
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