[WSBAPT] Statute of Limitations - Improper Transfer

[Marcus Fry]

Brent:
Did the sibling subsequently sell the house?  If so, I think you would have a 3 year SOL.  Your client (assuming he/she is one of the other siblings) might also have a claim against the title insurance company.  However, if sibling still has the property, it is my understanding that the lack of probate affidavit IS NOT a conveyance, and therefore is no SOL in my view because property is vested in all siblings.  There may be an adverse possession claim against other siblings after 10 years, but that is an entirely different issue.

Marcus J. Fry
Lyon, Weigand & Gustafson, P.S.
P.O. Box 1689
Yakima, Washington  98907
Telephone:  (509) 248-7220
Facsimile:  (509) 575-1883

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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Brent Williams-Ruth
Sent: Monday, June 07, 2021 10:30 AM
To: WSBA Probate & Trust Listserv
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

Law Offices of Brent Williams-Ruth, a division of BWR Consulting, PLLC

Physical Address: 500 S 336th Street, Suite 214; Federal Way, WA 98003

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