[WSBAPT] Transfer of Real Property - Interesting Fact Pattern

[Heidi Baxter]

I have a scenario in which 2 couples own a piece of real property as husband and wife.  Let's say Bob and Susie, husband and wife, and Jack and Jill, husband and wife.

Jack and Jill divorced but did not remember to include this piece of real property in King County in the divorce decree.  They had one child together, Betsy. Jack had no other children.

Jack died, survived by his daughter several years ago.  His estate was never probated.

Betsy then died a year or so after Jack died.  Her estate was never probated.  Jill, Betsy's mom, is Betsy's sole heir.

The real property still lists Jack and Jill, husband and wife.  Presuming that Jack's estate owns ¼ of the property as his undivided share, and it would have passed to his daughter under laws of intestacy (no Will), and then his daughter's estate would have passed to Jill (her mom)...any thoughts on the cleanest and easiest way to get title of the property for Jack's share into Jill's name?

Thoughts:

  1.  Open probate for both Jack and daughter
  2.  Lack of Probate Affidavit (property is vacant land and worth less than $100,000).
  3.  Quiet Title Action
  4.  Other?

If you have ever had this situation or something close, I would love to hear what worked for you.

Thanks for your thoughts on this.

Heidi Baxter
Attorney

BAXTER LAW PLLC
PO Box 1539
Mercer Island, WA 98040
(206) 415-1155
www.hbaxterlaw.com<http://www.hbaxterlaw.com/>

Office Address:
2737 77th Ave SE, Suite 206
Windermere Building
Mercer Island, WA 98040

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