[WSBAPT] FW: Removing deceased ex-spouse from property title

[Sara D. Longley]

All the talk today about clearing title for married surviving spouses got me
hoping I might get a few people's thoughts on the best way to clear title
for a surviving ex-spouse.  Any ideas?  

 

I have a client wishing to remove her deceased ex-spouse from title on a
piece of undeveloped real estate.  The divorce paperwork, drafted in the
early 1980s, has an error where it refers to the property ambiguously in the
list of assets to be given to the wife, and the exhibit purportedly
containing the legal description describes a different property (they had at
least three parcels of real estate to divide up).  The parties both behaved
as though this particular piece of property belonged to the wife after the
divorce, and it was a surprise to recently learn his name is still on title.

 

The ex-spouse died about 10 years ago, leaving a pour-over will naming one
of their daughters as PR.  He did set up a RLT about a year before passing
away, and the only beneficiaries are his daughters and my client (the
ex-wife(!)).  Apparently his estate was actually quite small and was never
probated.

 

Question: what is the simplest way to quiet title in the surviving ex-wife?
It would not be easy to prove she was intended to receive it in the divorce
after all this time, except by the parties' actions (she has paid the
property tax) which seems to me not enough.  Husband passed, so he cannot
sign a QCD for it.  Can the PR daughter sign a QCD on behalf of the ex's
estate?  Or can/should both daughters sign over their inherited interest in
to her?  Or, worst case, must we do a probate to pass his interest to the
heirs?

 

 

Thanks in advance,

Sara Longley

 



Sara D. Longley, J.D., LL.M.

 

LONGLEY LAW PLLC 

1734 NW Market Street

Seattle, WA 98107

 <tel:%28206%29%20434-5644> (206) 434-5644

 <mailto:Sara at longley-law.pro> Sara at Longley-law.pro

 <http://www.longley-law.pro/> www.longley-law.pro

 

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