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

[Kerry Richards]

Dear Brent:
I would suggest you look to see if the property and its legal description was contained in the Decree of Separation or Dissolution. If it was, or was described in the Property Settlement Agreement, then that is sufficient. A quit claim deed is not necessary to award your client the real estate. There are multiple cases that indicate a decree is sufficient in this circumstance to convey title. You will want to verify this as Andrekita’s advice is good, but you can save time and avoid her plan if the Decree lays out the division and includes a legal description.
Yours Truly,

Kerry A. Richards, Attorney
[cid:image001.png at 01D31B65.31A26710]
The Law Offices of Michael W. Bugni & Associates, PLLC
11300 Roosevelt Way NE, Suite 300, Seattle, WA 98125
EMAIL: krichards at lawgate.net
TEL: 206-365-5500
WEB: www.lawgate.net<http://www.lawgate.net/>



From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Andrekita Silva
Sent: Tuesday, December 11, 2018 1:10 PM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Two-fer Question - Parceling Property through Probate; and Run Away Ex


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<mailto: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<mailto:colestantonm at comcast.net>

Sent from my iPhone


On Dec 10, 2018, at 6:39 PM, Brent Williams-Ruth <brent at bwrconsults.com<mailto: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<mailto:brent at bwrconsults.com> / website<http://www.bwrconsults.com> / facebook<http://www.facebook.com/bwrconsults>


_______________________________________________
WSBAPT mailing list
WSBAPT at lists.wsbarppt.com<mailto:WSBAPT at lists.wsbarppt.com>
http://mailman.fsr.com/mailman/listinfo/wsbapt


-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20181212/09298412/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.png
Type: image/png
Size: 45232 bytes
Desc: image001.png
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20181212/09298412/image001.png>