[WSBAPT] Statute of Limitations - Improper Transfer

[Eric Nelsen]

I would say that a lack of probate affidavit doesn’t actually change title; it’s just a mechanism to reassure a title company that it would be safe to insure a conveyance of the property with only the affiant signing the deed as grantor. So I think the estranged sibling is still technically an heir having title, under RCW 11.04.250.

If the property is occupied by one sibling there’s arguably an adverse possession claim that could be made after 10 years of exclusive occupancy, but even that would be tough for the occupier to win, because occupier would have to prove ouster.

Others facts might change the analysis. If the sibling who did the affidavit actually sold the property and now has proceeds instead of the real estate, that’s going to be a tougher claim and different S/L factors might come into play.

Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
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Seattle WA 98144-3909
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eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Brent Williams-Ruth
Sent: Monday, June 7, 2021 10:30 AM
To: WSBA Probate & Trust Listserv <WSBAPT at lists.wsbarppt.com>
Subject: [WSBAPT] Statute of Limitations - Improper Transfer

Greetings List -

If a sibling used a Lack of Probate Affidavit to transfer the house of a deceased parent but cut out a sibling(s) with whom they have been estranged for years.....what would the statute of limitations be on rectifying that?  Would this fall under a fraud SOL - 3 years? or a written contract - 6 years? Something else?

Brent Williams-Ruth (preferred pronoun: he/him)
Attorney-At-Law

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