[WSBARP] Can An Heir Be Forced To Accept A P.R. Deed From An Non-Intervention Estate Over The Heir's Objection?

[Lenard]

See In re estate of Ehlers, 80 Wn.App. 751, 763, 911 P.2d 1017, 1024 (1996).  If the PR can make non-pro rata distributions over the heir’s objection, certainly the PR can force the heir to accept an interest in real estate.  But then the heir can start a partition action so it’s best to work out an agreed distribution.  If agreement cannot be reached then the PR decides how to distribute, within the guidelines of the will.

 

Lenard L. Wittlake, PLLC

Attorney & Counselor at Law

22 E. Poplar Street, Suite 200

P.O. Box 1233

Walla Walla, WA  99362

(509) 529-1529 voice

(509) 850-3515 fax

 <mailto:LWLaw at my180.net> LWLaw at my180.net

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

 

From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Rob Rowley
Sent: Monday, December 21, 2015 7:09 AM
To: WSBA Real Property Listserv
Subject: Re: [WSBARP] Can An Heir Be Forced To Accept A P.R. Deed From An Non-Intervention Estate Over The Heir's Objection?

 

No – one of three heirs. PR has non-intervention powers.

 

Robert R. Rowley

Attorney At Law

(509) 252-5074 (w)

(509) 994-1143 (c)

 <mailto:rob at rowleylegal.com> rob at rowleylegal.com

 

From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of hhherman2
Sent: Friday, December 18, 2015 4:17 PM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Can An Heir Be Forced To Accept A P.R. Deed From An Non-Intervention Estate Over The Heir's Objection?

 

Rob, 

 

Is this person the sole heir or devisee?

 

Howard

 

From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Rob Rowley
Sent: Friday, December 18, 2015 7:57 AM
To: WSBA RPPT <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Can An Heir Be Forced To Accept A P.R. Deed From An Non-Intervention Estate Over The Heir's Objection?

 

Never had a situation before where an heir refused to accept issuance of a personal representative's deed for valuable real estate.  Off-the-cuff I don't think the heir can be forced to accept the deed, but there might be some case law out there to the contract.  Setting aside the obvious that the objecting heir would not sign the Reeta.

 

Thank you.

 

 

Robert R. Rowley | Attorney at Law

7 S. Howard St, Suite 218

Spokane, WA  99201

Telephone: (509) 252-5074

Mobile: (509) 994-1143

Facsimile: (509) 928-3084

Email:  <mailto:rob at rowleylegal.com> rob at rowleylegal.com

Web Site:  <http://www.rowleylegal.com/> www.rowleylegal.com

 

Practice concentrated on business, real estate and general legal matters in Washington and Idaho.

 

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