[WSBARP] Urgent Statute of Limitations and related questions

[ron at housh.org]

Rather urgent S/L question due to pending real estate closing..

 

Husband and wife acquire family home in 1957.

Husband and wife have 4 kids.

Husband dies in 2000.  No probate.  No community property agreement.  No
will.

Wife dies in 2015 with a Will leaving estate to 4 kids.  Son is PR with
nonintervention powers.

 

Son as PR is selling family home.

 

Title company is asking the 4 kids to convey their interests by deed to the
estate to "clear" any possible interest the kids may have.  One of the 4
kids has not been located and title company is presently refusing to issue a
policy with clear title expressing concern over possible claim of the 4th
kid.

 

Questions:

 

First, what possible claim to title could the missing kid have?  The home is
community property.  Community property interest passes to wife on husband's
death.  I guess in a farfetched theory missing kid could appear and argue
Dad's interest in the home was his separate property and under law of
intestacy he/she has an interest?

 

Second, but if that is the case - the farfetched claim - when does the claim
accrue and what is the statute of limitations?  

 

Thanks!!

 

 

I AM TYPICALLY IN THE SEATTLE OFFICE ON TUESDAY AND THURSDAY AND IN THE
MOUNT VERNON OFFICE ON MONDAY, WEDNESDAY AND FRIDAY 

 

Ronald G. Housh, P.S.

Attorney at Law

 

Seattle Office:

1420 Fifth Avenue, Suite 3000

Seattle, WA 98101-2393

Phone:   206-381-1341

Fax:        206-464-0461

Email:     <mailto:ron at housh.org> ron at housh.org

 

Mount Vernon Office:

21411 Bluejay Place

Mount Vernon, WA 98274

Phone:  206-235-2459

Email:    <mailto:ron at housh.org> ron at housh.org

 

 

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