[WSBAPT] Statute of Limitations - Improper Transfer

[Jerimy Kirschner]

You may also want to explore whether a UFTA claim applies, which gives you
an additional 4 years or 1 year discovery extension.   RCW 19.40.091(1).

On Mon, Jun 7, 2021 at 12:11 PM Roger Hawkes <Roger at law-hawks.com> wrote:

> 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
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>
> *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
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> email: jeff at bellanddavispllc.com
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> *From:* wsbapt-bounces at lists.wsbarppt.com <
> 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>
> *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 *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*
>
> *Law Offices of Brent Williams-Ruth, **a division of BWR Consulting, PLLC*
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-- 
Jerimy Kirschner, Esq.
Managing Partner
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