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

[Mike Winslow]

Off the top, I see two options: 
1) Probate ExH estate and obtain deed from estate, assuming the named PR
will cooperate.
 
2 Quiet title under RCW 7.28.
Sue Heirs at Law of ExH.
Complaint should allege your client has paid the taxes for past 7 years and
allege Adverse possession under 7.28.070 (if applicable) and 
Allege the dissolution decree as being intended to give her title.
Obtain a litigation guarantee from title company;
Ask both daughters if they will accept service or serve them;
See if daughters will stipulate to Order Quieting Title; if not default them
out after service;
Enter default and order quieting title.
 
A simple easy open/easy close probate with a deed from PR is probably less
money in long run.
Call if you want to discuss QT. The above outline is skeletal in nature.
 
 
Michael A. Winslow
1204 Cleveland Ave.
Mount Vernon, WA 98273
Ph. 360-336-3321
Em. Mike at winslegal.com
 
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From: wsbapt-bounces at lists.wsbarppt.com
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Sara D. Longley
Sent: Wednesday, December 04, 2019 2:57 PM
To: 'WSBA Probate & Trust Listserv'
Subject: [WSBAPT] FW: Removing deceased ex-spouse from property title
 
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
 
cid:image001.jpg at 01D1F8A6.19C81E60
Sara D. Longley, J.D., LL.M.
 
LONGLEY LAW PLLC 
1734 NW Market Street
Seattle, WA 98107
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