[WSBAPT] Statute of Limitations - Improper Transfer

[Roger Hawkes]

Actually, I am pretty sure the ‘start date’ of any sol runs from date of discovery or when it should have been discovered by the use of ordinary care.

Roger Hawkes, WSBA # 5173
Hawkes Law Firm and Sultan Lawyers
19944 Ballinger Way NE, Shoreline, WA 98155 and
423 Main, Sultan, WA 98294
206 367 5000
360 799 6438

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Jeff at bellanddavispllc.com
Sent: Monday, June 7, 2021 11:51 AM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Statute of Limitations - Improper Transfer

Look at RCW 4.16.020(1).  I think your SOL may be ten years.

Jeff

W. Jeff Davis
BELL & DAVIS PLLC
P.O. Box 510
720 E. Washington Street, Suite 105
Sequim WA 98382
Phone: (360) 683.1129
Fax: (360) 683.1258
email: jeff at bellanddavispllc.com<mailto:jeff at bellanddavispllc.com>
www.bellanddavispllc.com<http://www.bellanddavispllc.com/>

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From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of Martin
Sent: Monday, June 7, 2021 11:14 AM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Statute of Limitations - Improper Transfer

Whatever specific statute may be involved I would suggest keeping in mind that there if there is fraud any statute begins to run from the date of fraud, so a lot of law says.  Whether there is or is not fraud, concealment, etc. or innocent mistake is another matter.

From: wsbapt-bounces at lists.wsbarppt.com<mailto: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<mailto: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

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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