[WSBAPT] Clearing title

Wed Aug 3 13:31:37 PDT 2022

Although I almost always agree with Eric, I have a slightly different take. I’ve seen this in a few cases lately, and have done some research on this issue. The caselaw on reciprocal wills or contracts to make a will should apply. If you have a signed written agreement that the title to the property would vest to the survivor of the two individuals, regardless of what it is called, that can be an enforceable contract. Cummings v. Sherman, 16 Wn.2d 88, 132 P.2d 998 (1943). “Contracts to make mutual wills are recognized under our law as valid and, when sufficient facts are proven by competent evidence, such contracts may be specifically enforced.” Id citing to Prince v. Prince, 64 Wash. 552, 117 P. 255; In re Fischer's Estate, 196 Wash. 41, 81 P.2d 836.
This might come down to exactly how the Quasi-Community Property Agreement was phrased, but in general, there was a clear meeting of the minds that the property would have rights of survivorship, so I think the caselaw supports that the survivor is entitled to it. I would try a Quiet Title Action seeking Declaratory Relief that the contract is valid and vested to the surviving CIR partner.
Best,
Nick

Nicholas Pleasants | Shareholder

[OseranHahnAttyatLaw 8]

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Eric Nelsen
Sent: Wednesday, August 3, 2022 12:53 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Clearing title

Hoo boy, that is a malpractice claim against the attorney who drafted that agreement. There ain’t no such animal. When the first decedent died, there should have been an “equitable division” of the co-owned assets, and the first decedent’s heirs would inherit her interest while the survivor would retain his interest (and inherit nothing from the estate).

I think a probate of both decedents’ estates is necessary if the property is to be sold. Getting the same person appointed would streamline things. The terrible part is that there is no clear rule about what percentage of the property belongs to either estate, so it’s tailor-made for a dispute between her heirs and his heirs.

Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
206-625-0092
eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.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 Dewey Weddle
Sent: Wednesday, August 3, 2022 11:55 AM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] Clearing title

Oh wise ones,

I would greatly appreciate some advice.

A couple lived together for about 30 years in a committed intimate relationship.  They did not have children.  During this time they acquired a piece of property and it is titled in both their names.

Lady died two years ago.  No Will.  No probate. Nobody came forward to settle her estate, including her partner.  He just carried on as usual.

Gentleman died a year ago with a Will, and a "Community-Like Property Affidavit for Recordation" (drafted by an attorney) asserting that the property was community property, and under our laws regarding committed intimate relationships, title should vest in surviving partner.  The gentleman's estate is being probated, and the PR would like to sell the property and distribute the proceeds to the beneficiaries.  I have never heard of a "Community-Like Property Affidavit for Recordation," and I am thinking that if nobody else has heard of such a thing, it is not something a title company will recognize.

Have any of you heard of a  "Community-Like Property Affidavit for Recordation"?  Would it be effective to get deceased lady's name off the title?  If not, then how do I do so?  I am thinking Quiet Title action, but there are no known defendants.  I know I can name unknown defendants and serve them by publication, but I am unsure as to how to proceed otherwise.  What is the best, most efficient way out of this mess?

Best regards,

Dewey 

Law Office of Dewey W. Weddle, PLLC

909 7th Street

Anacortes, WA 98221

Telephone: 360-293-3600

Fax 360-293-3700

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