[WSBAPT] Lawsuit to Quiet Title against Deceased Partners

[Eric Nelsen]

This doesn't necessarily fix your timing problem, but FWIW you don't need to open a probate in order to clear a deceased person's heirs off title. A "reasonable diligence" search for heirs is needed, in order to name them if you can figure it out (I hire a genealogist typically, cheaper than an heir search company). Name the known heirs as defendants, and then also include "unknown heirs and devisees of decedent X" as a defendant. Then you can serve those "unknown heirs and devisees" by publication after getting the court's permission under RCW 4.28.140<https://app.leg.wa.gov/RCW/default.aspx?cite=4.28.140>.

On at least one occasion, the known heirs that I was able to find collectively signed an affidavit confirming that they were in fact all of the heirs/devisees of the decedent; and so QCDs from them were sufficient for the title company to agree to remove the exception, without a quiet title action to deal with "unknown heirs."

I have found that known heirs that I contact tend to be cooperative (or bribable) and have signed quitclaim deeds or stipulations to quiet title, so the lawsuit has boiled down to getting permission to serve unknown heirs by publication of summons, publishing and waiting out the 60 days, and then taking a default and entering a default judgment. Maybe with one known heir who is missing or an uncooperative holdout, who needs to be personally served.

Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
206-625-0092
eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>

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.

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

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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 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,


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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>

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.
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