[WSBARP] Urgent Statute of Limitations and related questions
ron at housh.org
ron at housh.org
Wed Jun 15 12:13:40 PDT 2016
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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