[WSBAPT] 28yo unprobated will vs 28 years adverse possession - please speculate!

[Brent Williams-Ruth]

Would the adverse possession claim be defeated because of the fact that it
was done with permission. Therefore failing one of the essential elements
of hostility?

*Brent Williams-Ruth* (pronouns: he/him)
*Attorney-At-Law*

*Law Offices of Brent Williams-Ruth, **a division of BWR Consulting, PLLC*

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e-mail <Brent at Williams-RuthLaw.com> / website
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On Tue, Dec 12, 2023 at 5:21 PM Eric Nelsen <eric at sayrelawoffices.com>
wrote:

> What happens if somebody’s will, in the public record but not probated, is
> completely ignored for decades?
>
>
>
> X has a will leaving house to child Y, leaving nothing to child Z. X owns
> a house.
>
>
>
> X dies, and the will is filed for permanent record but no probate
> commenced.
>
>
>
> Z moves into the house immediately after X dies.
>
>
>
> Y does nothing for, let’s say, 28 years.
>
>
>
> Who wins ownership of the house? Z under 10-year adverse possession rules?
> Or Y if the will is, after 28 years, finally presented for probate?
>
>
>
> Assume no communication between Y and Z, so no fair evading the question
> by arguing maybe Z held by Y’s permission or some such.
>
>
>
> I’m guessing Z does, because adverse possession tends to override all
> other interests. *But what if Z was the named executor in the will they
> filed but elected not to probate?*
>
>
>
> Sincerely,
>
>
>
> Eric
>
>
>
> Eric C. Nelsen
>
> Sayre Law Offices, PLLC
>
> 1417 31st Ave South
>
> Seattle WA 98144-3909
>
> 206-625-0092
>
> eric at sayrelawoffices.com
>
>
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