[WSBAPT] heir claim to property

[Nick Pleasants]

Shannon,
I would analyze it as the intestate heirs being equally vested immediately upon the second parent's death. Therefore, your client would have a one-third interest with her siblings. Obtaining adverse possession against co-tenants is extremely difficult. "It is a general rule that the entry of a cotenant on the common property, even if he takes the rents, cultivates the land, or cuts the wood and timber without accounting or paying for any share of it, will not ordinarily be considered as adverse to his cotenants and an ouster of them." McKnight v. Basilides, 19 Wn.2d 391, 143 P.2d 307, 309 (1943). I believe McKnight is still the controlling authority on ouster and adverse possession against cotenants, and the facts fit your question quite well. Under McKnight, the daughter would have to show actual ouster by more than just her paying the mortgage and living there.
Best,
Nick

Nicholas Pleasants | Shareholder

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Mark Anderson
Sent: Wednesday, December 20, 2023 12:11 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] heir claim to property

It will depend on how long ago the parents died.  If the last of them died less than 7 years ago, it might be presumed that the heir was living there with his/her parents' permission, thus defeating a claim of adverse possession, at least for now.  If the last parent to die died more than 7 years ago and the heir has continued to live in the house and pay taxes since then, you may have an argument for adverse possession as against the estates of the parents.

Mark B. Anderson
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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 Shannon Jones
Sent: 12/11/2023 10:56 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] heir claim to property

Listmates, One of three intestate heirs lives in deceased parent's house and pays off mortgage, also pays insurance, taxes and all upkeep for 7 years because deceased parent told them she wanted them to have the house. Two other intestate heirs have mental health and substance abuse problems, homeless and may be impossible to locate. At some point can the heir who has paid everything claim adverse possession? Would it be 10 years rather than 7 because they have no "color of title"? Any input appreciated - Shannon

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Shannon R. Jones | Attorney
Campbell Barnett PLLC
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