[WSBAPT] RCW 74.34 and 11.84 claims

[Patrick J. Galloway]

Hypothetical:
In 2003 all of decedent's financial assets are transferred to child. At the time decedent was in a memory care center with severe Alzheimer's. Decedent purportedly signed these documents. The bank objected, but after receiving a notarized transfer form went ahead and released the funds. The form is notarized by a now disbarred attorney. Family members objected to all of this, but were told that the assets would be held for parents' benefit and be split equally after parents passed away,  and thus failed at the time to take further legal action. The other parent was of sound mind, but apparently convinced by attorney and child that the transfer was necessary to preserve estate (private insurance paid for all LTC and no medicaid was ever necessary) and relied on child's promise to share estate with the siblings (more difficult to prove due to dead man's statute, but disinterested third parties can testify to statements of intent by parent and child). 
Real estate was also transferred to child by one parent signing deed on their own behalf and as POA for other parent, but medical records show that POA was obtained after onset of Alzheimer's.
Questions (advice on any of these hypothetical issues, as well as unsolicited observations welcome):
1) Is there a statute of limitations that applies to claims under RCW 11.84 and RCW 74.34 based on the primary financial exploitation occurring in 2003 and the failure to take any legal action until death of the second parent in 2015? 
2) What causes of action would you bring related to the transfer of real property and is there and SOL issue? My argument is simply: POA invalid = deed invalid = no title transfer regardless of the passage of time. I believe adverse possession is not available because the deed was a retained life estate deed and no claim of right was exercised until after death of second parent.
3) At the TEDRA hearing what is the best way to have subpoenaed bank and medical records admitted? Certification by producer, affidavit, live testimony? I have seen these admitted under the PR's affidavit, and even affidavit of counsel in the past, but I am anticipating opposing counsel requiring strict compliance with evidence rules in this one. Any forms would be helpful.
3) Has anyone ever briefed a constructive trust argument? Willing to share?
Thanks! Any help is appreciated.


Patrick J. GallowayAdvance Legal Services, PLLC8113 W. Quinault Ave. Suite 101Kennewick, WA 99336 (509) 851-7884  www.alsnorthwest.com This E-Mail message and any documentation accompanying this transmission may contain privileged and/or confidential  information and is intended solely for the addressee(s) named above.  If you are not the intended addressee/recipient, you are hereby notified that any use of, disclosure, copying, distribution, or reliance on the contents of this E-Mail information is strictly prohibited and may result in legal action against you.  Please reply to the sender advising of the error in transmission and immediately delete/destroy the message and any accompanying documents.  Thank you.
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