[WSBAPT] Need Referral to Benton County Probate Attorney

[John Sullivan]

Listmates:

I just spoke to the relative of a couple of deceased clients.

A client whom I inherited in 2002 and did a few amendments to her plan for while she was alive, was married to a man who died in Kennewick in 1967. His will was probated. I am told he left everything to his wife, who much later became my client.

I just got off the phone with a relative. Apparently, the husband who died in 1967 was on title as a 1/3 TIC owner of a property in Colorado. Obviously, I have not reviewed the Benton County probate records from 1967, but if the decedent is still on title, I am guessing nobody was aware of the TIC interest or neglected to open an ancillary CO probate to deed it to his surviving spouse. That should have happened. Years later I should have been made aware of the TIC interest and arranged for it to be quitclaimed to my client's RLT, on to her sons when she died, and then quitclaimed to the sons' beneficiaries under their trusts when they died.

I have suggested to the client that an appropriate relative seek appointment as PR to reopen the probate there and obtain letters. My theory is that the title company should be willing to insure title if that PR signs the deed to the buyers. (What is triggering the inquiry is the other two TICs want to sell the property.) If title signs off on this plan the immediate problem has a solution. Then it's a matter of getting the 1/3 net proceeds to the estate distributed to its rightful beneficiaries and on down the line. I have not parsed that question yet, but it may be something that could be papered over with a nonjudicial TEDRA Agreement. I am hoping in the end that this will not all grind to a halt because a quiet title action is necessary before the deed can be signed. I realize it may still be necessary at stage two. From what I have heard so far, it shouldn't be. The PC would be whichever relative is appropriate and is ready, willing and able.

Any takers?

Best regards,
John J. Sullivan
Attorney

Lyons | Sullivan
10655 NE 4th Street, Suite 704
Bellevue, WA  98004
425*451*2400 tel 425-451-7385 fax
www.dljslaw.com<http://www.dljslaw.com/>

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