[WSBAPT] Removing deceased ex-spouse from property title

[Sara D. Longley]

Listmates,

 

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 have always
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 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.  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?

 

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

 

ATTENTION CLIENTS: I am in the process of merging my law firm into Ivy Law
Group, PLLC.  Over the next few months my web site will redirect to
<http://www.ivylawgroup.com> www.ivylawgroup.com and I will begin emailing
from  <mailto:Sara at ivylawgroup.com> Sara at ivylawgroup.com.  My existing email
address and telephone number will continue to function and my physical
office location will not change.  I look forward to serving you in the
coming years.

 

This email is intended only for the individual to whom it is addressed and
may contain information that is privileged, confidential, and/or exempt from
disclosure.  If you have received this message in error, please inform the
sender by telephone or reply email and delete this message and all
attachments.  Thank you.

 

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20191122/643463b5/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image002.jpg
Type: image/jpeg
Size: 665 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20191122/643463b5/image002.jpg>