[WSBAPT] Possible adverse possession claim?
Setareh Mahmoodi
mahmoodi.setareh at gmail.com
Tue Aug 30 10:04:01 PDT 2016
Thank you, Mike.
I had gone over all of this with her, however, she insisted an attorney
she had spoken with previously told her she had a right to the property if
she just keeps paying taxes for 7 years, which she ended up doing, so I
thought maybe I'm missing something.
Thanks,
Setareh
On Aug 29, 2016 1:49 PM, "Mike Winslow" <mike at winslegal.com> wrote:
In addition to Eric’s comments, consider that the ownership is Tenancy in
Common, as between the two children. See RCW 11.04.250
*When real estate vests—Rights of heirs.*
When a person dies seized of lands, tenements or hereditaments, or any
right thereto or entitled to any interest therein in fee or for the life of
another, his or her title shall vest immediately in his or her heirs or
devisees, subject to his or her debts, family allowance, expenses of
administration, and any other charges for which such real estate is liable
under existing laws. No administration of the estate of such decedent, and
no decree of distribution or other finding or order of any court shall be
necessary in any case to vest such title in the heirs or devisees, but the
same shall vest in the heirs or devisees instantly upon the death of such
decedent: PROVIDED, That no person shall be deemed a devisee until the will
has been probated. The title and right to possession of such lands,
tenements, or hereditaments so vested in such heirs or devisees, together
with the rents, issues, and profits thereof, shall be good and valid
against all persons claiming adversely to the claims of any such heirs, or
devisees, excepting only the personal representative when appointed, and
persons lawfully claiming under such personal representative; and any one
or more of such heirs or devisees, or their grantees, jointly or severally,
may sue for and recover their respective shares or interests in any such
lands, tenements, or hereditaments and the rents, issues, and profits
thereof, whether letters testamentary or of administration be granted or
not, from any person except the personal representative and those lawfully
claiming under such personal representative.
[ 2010 c 8 § 2005;
<http://lawfilesext.leg.wa.gov/biennium/2009-10/Pdf/Bills/Session%20Laws/Senate/6239-S.SL.pdf?cite=2010%20c%208%20%C2%A7%202005;>
1965
c 145 § 11.04.250.
<http://leg.wa.gov/CodeReviser/documents/sessionlaw/1965c145.pdf?cite=1965%20c%20145%20%C2%A7%2011.04.250.>
Prior: 1895 c 105 § 1;
<http://leg.wa.gov/CodeReviser/documents/sessionlaw/1895c105.pdf?cite=1895%20c%20105%20%C2%A7%201;>
RRS § 1366.]
Under the rules regarding Tenancy in Common, one co-tenant may not
adversely possess against another co-tenant, as they both have equal right
of possession. Thus, the occupancy by the sister who paid taxes is not
adverse to the other sibling.
Michael A. Winslow
1204 Cleveland Ave.
Mount Vernon, WA 98273
Ph. 360-336-3321
Em. Mike at winslegal.com
This message is from an attorney, so it’s confidential. If you are not the
intended recipient, it’s too late to stop reading this message, but you may
not use it for any improper purpose. Huge Disclaimer available upon request.
*From:* wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.
wsbarppt.com] *On Behalf Of *Setareh Mahmoodi
*Sent:* Monday, August 22, 2016 1:34 PM
*To:* WSBA Probate & Trust Listserv
*Subject:* Re: [WSBAPT] Possible adverse possession claim?
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 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 *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>*
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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 <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/>*
*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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