[WSBAPT] Clearing title

Wed Aug 3 15:50:40 PDT 2022

How did the deed actually list the Grantees?

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:  <mailto:jeff at bellanddavispllc.com> jeff at bellanddavispllc.com
 <http://www.bellanddavispllc.com/> www.bellanddavispllc.com

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Dewey Weddle
Sent: Wednesday, August 3, 2022 2:27 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Clearing title

Thank you, Eric and Nick.  

Just to clarify,  the "Community-Like Property Affidavit for Recordation" was signed only by the gentleman after the lady had passed away, so it can't be properly characterized as a Community Property Agreement or contract of any kind.  That is why I think, in these circumstances, it is worthless.  

I had also thought it might be necessary to probate the lady's intestate estate, but was hoping there was an alternative to that since nobody wants to do it, and because excepting the real property, she probably died with pretty much nothing. Opening a probate, however, may be the only recourse. Sigh. 

Dewey 

Law Office of Dewey W. Weddle, PLLC

909 7th Street

Anacortes, WA 98221

Telephone: 360-293-3600 

Fax 360-293-3700 

  _____  

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 Nick Pleasants <npleasants at ohswlaw.com <mailto:npleasants at ohswlaw.com> >
Sent: Wednesday, August 3, 2022 1:31 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com <mailto:wsbapt at lists.wsbarppt.com> >
Subject: Re: [WSBAPT] Clearing title 

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 

11225 SE 6th Street | Suite 100 | Bellevue, WA 98004
Main: (425) 455-3900 | Fax: (425) 455-9201 | E-mail: npleasants at ohswlaw.com <mailto:npleasants at ohswlaw.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 Eric Nelsen
Sent: Wednesday, August 3, 2022 12:53 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com <mailto: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> 

Covid-19 Update - All attorneys are working remotely during regular business hours and are available via email and by phone. Videoconferencing also is available. Signing of estate planning documents can be completed and will be handled on a case-by-case basis. Please direct mail and deliveries to the Seattle office.

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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