[WSBAPT] Lawsuit to Quiet Title against Deceased Partners

[Inge Fordham]

Colleagues,

I need to file a quiet title lawsuit to remove a cloud on title created by a Defeasance Agreement recorded back in 1992.  The persons with the defeasance rights (H & W and H2 & W2, acting as a Washington partnership – no entity formed) had 20 years to exercise their rights and did not exercise their rights.  Title company won’t recognize the fact that they have no further rights under the Defeasance Agreement and asked us to commence a quiet title action.  Three of the four partners are deceased (and passed after the 20-year period expired).  The fourth is alive and I have contact information.  I believe she’ll cooperate and stipulate to quiet title.  I’ve always believed that to extinguish a deceased individual’s rights, probate must be commenced.  However, the rights of all three persons who are now deceased to act under the defeasance agreement expired before they died (and therefore, by operation of law, nothing passed to their respective estates).  Can I file suit against the four individuals, identify them as deceased, and the one living partner without commencing probate?  There is (of course) a pending sale and time is of the essence.  Opening probate for the three deceased members would be a nightmare.

Thoughts?

Thanks,


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Inge A. Fordham | Attorney
Fordham Law, PLLC
3218 Sixth Avenue | Tacoma, WA 98406
Office: (253) 348-2657 | Mobile: (206) 778-3131
www.fordhamlegal.com<http://www.fordhamlegal.com>

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