[WSBAPT] Quiet Title Question

[Mike Winslow]

I litigated this issue through trial years ago. Very similar fact pattern.
 
The Quiet Title approach does not work.
The brothers have an interest in the property as tenants in common, according to your fact pattern. This is true regardless of whether distribution took place by deed from the estate. See 11.04.250.
 
Tenants in common typically cannot adversely possess against a co-tenant, as all co-tenants have equal rights of occupancy in the property. Occupancy cannot be adverse if the party occupying did so under a legal right held by that party.
 
Your client needs to finish the probate by making the distribution to the brothers, then buy them out.  Or she needs to sell the house and divide the proceeds. 
She is currently in violation of her fiduciary duties as PR by failing to complete distribution and by living in the house for 12 years without paying rent to the estate (assuming the latter is the case). She would be subject to removal by the court if any other heir complains. Not pretty. 
Suggest you counsel your client in writing; this to avoid any claim by them of misunderstanding your advice. 
 
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 Christina Faucett
Sent: Tuesday, February 06, 2018 2:55 PM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Quiet Title Question
 
I have a client whose husband died in 2006, owning a home which was at least partially his separate property. Probate was opened but never closed, due to the surviving spouse not being able to distribute the appropriate shares of the home to her deceased husband's two brothers without selling the house, which she was unable to do. She has been living in the home for the past twelve years, and now seeks to quiet title on the property (the home is still solely in her husband's name). Would a quiet title action work in this case, or does probate need to be completed? The thing that trips me up is the term "unknown heirs" in the quiet title statute. In this case, we know who the heirs are (and can possibly reach them) so I'm not sure if this is possible. 
 
Thanks,


Christina Faucett
Attorney at Law
faucettlegal.com
(206) 650-2420
 
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