[WSBAPT] Statute of Limitations - Improper Transfer

Brent Williams-Ruth brent at williams-ruthlaw.com
Mon Jun 7 11:13:09 PDT 2021


Thank you all for the responses! I have some hope!

I have requested a complete property report (as the King County website is
not showing the prior conveyance, only that one sibling is listed as
owner/taxpayer) to find out more.

As always - the responses are much appreciated.

Brent

*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*

***EFFECTIVE IMMEDIATELY** All mail sent through the USPS should be sent to
the following address: **PO BOX 3319; Federal Way, WA 98063 *

Office/Scheduling Phone: (253) 285-7751

Direct: (253) 285-7453

e-mail <Brent at Williams-RuthLaw.com> / website
<http://www.williams-ruthlaw.com/> / facebook
<http://www.facebook.com/bwrlaw> /


On Mon, Jun 7, 2021 at 11:05 AM Marcus Fry <mfry at lyon-law.com> wrote:

> 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
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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*
>
> ***EFFECTIVE IMMEDIATELY** All mail sent through the USPS should be sent
> to the following address: PO BOX 3319; Federal Way, WA 98063 *
>
> Office/Scheduling Phone: (253) 285-7751
>
> Direct: (253) 285-7453
>
> e-mail <Brent at Williams-RuthLaw.com> / website
> <http://www.williams-ruthlaw.com/> / facebook
> <http://www.facebook.com/bwrlaw> /
> ***Disclaimer: Please note that RPPT listserv participation is not
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