[WSBAPT] Question regarding transferring real property (please see fact pattern)

[Diane J. Kiepe]

John,

I am thinking a title quiet action may be more direct and easier.

I am filing a TEDRA with a similar issue but the person who did the lack of probate affidavit (which by the way is different then a small estate affidavit in WA and is used in many counties for real property) actually moved into the property and is not the most cooperative person.

Feel free to call me if you want to chat.


Diane J. Kiepe

Diane J. Kiepe
Douglas Eden
717 W. Sprague Ave.
Suite 1500
Spokane, WA  99201
djkiepe at depdslaw.com<mailto:djkiepe at depdslaw.com>
509-455-5300



From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of John Yip
Sent: Monday, March 30, 2020 2:56 PM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Question regarding transferring real property (please see fact pattern)

Assume the following hypothetical:

* Mr. X contracted with Mr. Y to sell real property ("Property") to Mr. Y upon Mr. Y's payment of a certain sum.  Assume there is a recorded document to this effect.

* Mr. X passed away without transferring the property via Deed.

* Mr. X's child (and apparent heir), "Jack X," submits an Affidavit of Non-Probate (i.e. a small estate affidavit) for all of Mr. X's assets, including ostensibly the Property.  (However, small estate affidavits do not apply to real property per my research of RCW 11.62)

* Mr. Y subsequently pays the agreed upon sum to Jack X, as the claiming successor to Mr. X.

* Jack X fails to convey the Property to Mr. Y.

* No probate has ever been started for Mr. X, though his will was filed of record.

* Also, Jack X is incommunicado and his present whereabouts are unknown.  Prior service attempts on him have failed.

The goal here is to effectuate the conveyance of the Property from Mr. X to Mr. Y, since Mr. Y already paid for the property.  My plan, based on my research, is to start a probate on the Will of Mr. X, with Jack X as the PR per Mr. X's Will.  Then, we will have to serve Jack X as PR of the Estate of Mr. X via publication or otherwise.  If Jack X does not respond, then we can move for a default judgment.

Your thoughts on my plan?  I just want to get a second opinion on my plan, especially in light of the somewhat unusual situation, and make sure I am not missing something key or a more expeditious way to achieve the goal.  Thanks.

John
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