[WSBAPT] Lawsuit to Quiet Title against Deceased Partners

[Jeff at bellanddavispllc.com]

In situations like this, I ask the Title company what do they want to clear
title.  It seems unfair to make you open probate for all three of the
deceased parties; how would you do that?  You do not the deceased person's
heirs, how to contact them.  The one living party might be able to help but
at this late stage, why? Why not file the quiet title action in the county
were the land is located; personally serve the living party, if you know
their location, and get a court order to publish for the rest.  Title
companies can be a help in this area if they want.

 

Jeff Davis

 

W. Jeff Davis

BELL & DAVIS PLLC

Attorneys at Law
P.O. Box 510

720 E. Washington Street, Suite 105
Sequim WA 98382
Phone: (360) 683.1129 
Fax: (360) 683.1258 
email: jeff at bellanddavispllc.com <mailto: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 Inge Fordham
Sent: Thursday, February 15, 2024 4:19 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Lawsuit to Quiet Title against Deceased Partners

 

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,

 

 




Inge A. Fordham | Attorney

Fordham Law, PLLC

3218 Sixth Avenue | Tacoma, WA 98406

Office: (253) 348-2657 | Mobile: (206) 778-3131

 <http://www.fordhamlegal.com> www.fordhamlegal.com

 

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