[WSBAPT] Two-fer Question - Parceling Property through Probate; and Run Away Ex

[Andrekita Silva]

  Brent,

Ordinarily, if a person refuses to sign a quitclaim deed, a motion can  
be brought requesting the appointment of a special master to sign the  
quit claim deed on behalf of the other party. You may request an award  
of legal fees on the basis of intransigence.

Before bringing a motion, it’s important that there be evidence of  
efforts to secure the other sides cooperation. You should prepare the  
quit claim deed, send it to him (or their lawyer). Assuming the other  
side isn’t traveling in some remote place or for some reason unable to  
respond within a certain reasonable time, ask them to return it within  
a certain reasonable set time period. If the party doesn’t return the  
signed quit claim deed, write again. Ask them again to provide the  
quitclaim deed by a certain date, and let them know that you will file  
a motion for the appointment of a special master and that you will ask  
that a judgment be awarded for the cost of the special master, and  
that an award of your legal fees and costs be entered as well.  
Usually, the other side will execute the quit claim deed.

If the other side still doesn’t execute the quitclaim deed, proceed  
with your motion. In your motion, you should propose the special  
master to be appointed and advise the court of the proposed cost,  
etc.  It's a pretty straightforward motion.
 
andrekita
Law Office of F. Andrekita Silva
1325 Fourth Avenue, Suite 2000
Seattle, Washington 98101
206-224-8288
www.seattle-silvalaw.com
 

Quoting "Stanton M. Cole" <colestantonm at comcast.net>:

> Hi, Brent,      
>   I am an attorney in Seattle Washington,practicing for over 40  
> years, and  I’ve had considerable experience in dealing with the  
> issues that you have stated in your email.
>
> Please have the prospective client call me at his/her previous  
> earliest opportunity, and I would be glad to provide consulting  
> services at no cost to determine is handling her case as a probate  
> attorney would work out for her.
>
> Very truly yours,
>
>    Stanton M. Cole, Attorney
> 206-473-2928
> colestantonm at comcast.net
>     
>        Sent from my iPhone
>      
>
>
> On Dec 10, 2018, at 6:39 PM, Brent Williams-Ruth  
> <brent at bwrconsults.com> wrote:
>  
>
>> Question #1 - Potential probate client has a property that is owned  
>> by three family members, she would like to have her 30% (which is  
>> agreed to, there is no dispute there) of the parcel created as it's  
>> own legal parcel. Have never done this before and would love to  
>> talk with someone who has that experience. 
>>        
>>       Question 2# - personal friend went through separation.  
>> Husband has left town having done everything EXCEPT sign the quit  
>> claim deed to take name off the property.  I DO NOT do family law,  
>> but was curious if anyone knows of a simple process on how to go  
>> about removing said Ex-Husband when he has refused to return the  
>> signed QCD. 
>>        
>>       Thank you!
>>       Brent
>>        
>> --
>>
>>                BRENT WILLIAMS-RUTH 
>> /Founding Member/
>>
>>                BWR CONSULTING, PLLC
>>
>>                Phone: (425) 830-5134
>>
>>                 
>>
>>                e-mail[1] / website[2] / facebook[3] 
>>
>>                 
>
>> _______________________________________________
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Links:
------
[1] mailto:brent at bwrconsults.com
[2] http://www.bwrconsults.com
[3] http://www.facebook.com/bwrconsults

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