[WSBARP] Quiet title v. Probate to clear title question

[Kate Gamble]

Hello Listmates,

I am looking for insight into how to approach this sticky situation:

PC’s brother died about 21 years ago a resident of Alaska.  He left no will, and no probate was ever opened.  His spouse died several years later (also in Alaska).  The spouse was survived by her two children from a prior marriage, and the Decedent’s two sons from his prior marriage: one biological and one adopted.  The Decedent was TIC with his two siblings (both surviving) of a parcel of timber land in Cowlitz County.  The parcel was conveyed by QCD to the three siblings over 30 years ago.  The deed language contained some conditions, but failed to specifically reserve a right of entry in the grantor.  One condition stated that the property was not to be logged until the second-growth timber matured (approx. 30 years), and if a grantee deceased prior to the timber maturing, the deceased grantee's share was to go to his/her blood descendants only, per stripes.  The decedent died before the timber was harvested.  The surviving siblings have treated the decedent’s biological son as the third owner for the past 20+ years.  However, no deed was recorded conveying the decedent’s interest to his biological son.  The siblings and their nephew now want to convey the property into an LLC, but need to clear title first.

This set of facts brings up some tricky issues:

1. Can the decedent’s interest be treated as a life estate pursuant to the condition in the deed language, and if so, can title be cleared by filing a death certificate?  Or will the absence of the specific reservation of the right of entry be construed as conveying a fee simple, and the conditions merely precatory?

2. Would a quiet title action in Cowlitz County be sufficient to clear title in the name of the nephew (for his 1/3 share), on the basis of adverse possession with the deed language as supporting the intent that the interest be conveyed to the nephew?

3. Would a probate opened in another county (King or Jefferson- more convenient for the surviving siblings) for the purpose of conveying title by PR deed to the nephew be necessary/possible?

Any thoughts on how to proceed would be greatly appreciated!

Thank you,

Kate Gamble
Attorney at Law
Uptown Law PLLC

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