[WSBAPT] Probate Including Real Property Owned as Tenancy-in-Common, Other Tenant Predeceased Decedent and No Identified Heirs or Estate

[Matt Yates]

In probate proceeding, Decedent was Tenant-in-Common in home and other tenant who predeceased Decedent by about 8 years.  Predeceased tenant has no known heirs at law to PR but it is certainly possible that cousins or other distant relatives exist.  PR for the estate is interested in liquidating the real property, for which there is an applicable mortgage loan, but I am unsure of how to sell.  I anticipate that title company will want some kind of resolution before issuing a policy and, indeed, some portion of the proceeds belong to the estate of predeceased tenant-in-common (probably unequal portions since Decedent continued to pay mortgage loan after death of predeceased tenant).  I have proposed to PR using a private investigator to try to find potential heirs of predeceased tenant-in-common but PR has not made a decision on that yet.

This seems distinct to me from an absent distributee so I am thinking that partition or even quiet title might be the answer to enable sale of the property.  Anybody have any experience with similar circumstances?
Matt

Matthew D. Yates
Attorney at Law
Yates Marshall, PLLC
10000 NE 7th Avenue, Suite 200
Vancouver, WA 98685
Phone: (360) 449-6100
Fax: (360) 449-6111
matt at yatesmarshall.com<mailto:matt at yatesmarshall.com>
www.yatesmarshall.com<http://www.yatesmarshall.com>

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