[WSBAPT] Lawsuit to Quiet Title against Deceased Partners

Fri Feb 16 08:58:08 PST 2024

If you have to open three probates and track down heirs that will take more
than  60 days.  It seems odd the title company would not insure around it;
but I to have had to do some crazy things to satisfy a title company.  Have
you tried another title company?

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

The information contained in this e-mail message may be privileged,
confidential, and protected from disclosure. If you are not the intended
recipient, any dissemination, distribution, or copying is strictly
prohibited. If you think that you have received this e-mail message in
error, please e-mail the sender at  <mailto:info at bellanddavispllc.com>
info at bellanddavispllc.com  or call 360.683.1129.

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com>
On Behalf Of Inge Fordham
Sent: Friday, February 16, 2024 8:30 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Lawsuit to Quiet Title against Deceased Partners

The title company in this case is of no help and it's too late to switch.
They are demanding a quiet title action.  I was hoping to avoid publication
because of the 60-day publication window.  There's a pending sale of the
property in question and my client is anxious to close.  It seems that since
the three partners died after their rights expired under the agreement,
there was nothing that could have passed to the heirs.  Rights expired in
2012 (it's in black and white in the agreement).  One died in 2014, one in
2018, and one in 2023.  Can't the court issue a ruling that their rights
expired prior to death (eliminating the need to sue heirs or the estate)?
It just seems like a waste of time and money.

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> 

Confidential Communication: This email is sent to a recipient on behalf of
an attorney/law firm, and is information intended exclusively for the
individual, entity or company to which it is sent.  This communication may
contain proprietary, privileged or confidential information or may otherwise
be legally exempt from disclosure other than to the intended recipient.  If
you are not the named addressee, you are not authorized to read, print,
retain, copy or otherwise disseminate this message or any part of it.  If
you have received this email in error, please notify the sender immediately
by email or other communication and delete all copies of the message.

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
Jeff at bellanddavispllc.com <mailto:Jeff at bellanddavispllc.com>
<Jeff at bellanddavispllc.com <mailto:Jeff at bellanddavispllc.com> >
Date: Friday, February 16, 2024 at 6:34 AM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com
<mailto:wsbapt at lists.wsbarppt.com> >
Subject: Re: [WSBAPT] Lawsuit to Quiet Title against Deceased Partners

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

The information contained in this e-mail message may be privileged,
confidential, and protected from disclosure. If you are not the intended
recipient, any dissemination, distribution, or copying is strictly
prohibited. If you think that you have received this e-mail message in
error, please e-mail the sender at  <mailto:info at bellanddavispllc.com>
info at bellanddavispllc.com  or call 360.683.1129.

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 Inge Fordham
Sent: Thursday, February 15, 2024 4:19 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com
<mailto: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

Confidential Communication: This email is sent to a recipient on behalf of
an attorney/law firm, and is information intended exclusively for the
individual, entity or company to which it is sent.  This communication may
contain proprietary, privileged or confidential information or may otherwise
be legally exempt from disclosure other than to the intended recipient.  If
you are not the named addressee, you are not authorized to read, print,
retain, copy or otherwise disseminate this message or any part of it.  If
you have received this email in error, please notify the sender immediately
by email or other communication and delete all copies of the message.

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20240216/e967eb23/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image004.png
Type: image/png
Size: 14096 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20240216/e967eb23/image004.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.png
Type: image/png
Size: 14096 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20240216/e967eb23/image001.png>