[WSBAPT] TEDRA Agreement court approval-procedural question

[steve mcconnell]

I have a situation where a woman suffering from dementia entered into a home equity loan agreement 6 months before her death. The purpose of the agreement was to obtain funds to pay for Alzheiomer's care at a residential facility. One daughter and her husband were asked to cosign the loan and they agreed to do so. Unbeknownst to them, at the 11th hour the loan underwriter required that the decedent quit claim the real property to herself, the daughter and son in law so that the latter two could qualify to cosign. This strikes me as rather bizarre as the lender received no additional security but, because the property was transferred before death, the tax folks tell me that the beneficiaries will lose the stepped up basis in the property. I am dealing with the ancillary probate here as this is where the real property is located (the remaining property is in a trust in Nevada). I have been asked to void the quit claim deed and quiet title back intio the decedent's name.


I have reached an agreement with the lender and they will provide a declaration supporting the voiding of the quit claim deed. I will also have the declaration of the primary medical provider attesting to the decedent's lack of capacity. I will also have the agreement of all of the heirs including the daughter (and son in law) all of which will be reduced to a TEDRA Agreement. A TEDRA Petition has been filed and the interested parties will be accepting service.


We are in King County and don't have an assigned judge. I will be asking that a order, findings and a judgment be entered voiding the quit claim deed and quieting title. My questions: What is the procedure for setting this on for hearing and entry? Can I just set it on the probate calendar or do I need to ask presiding to assign judge? I'm guessing there will be questions so, if I set it on before a judge do I follow the usual "request oral argument" procedure or?


Thanks in advance for your guidance.


Steven M. McConnell
Attorney at Law
144 Railroad Ave., Suite 308
Edmonds, WA  98020-4100
Tel:  (206) 783-0201
Fax: (206) 789-5199
Email:  smcconnelllaw at hotmail.com<mailto:smcconnelllaw at hotmail.com>


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