[WSBARP] Urgent Statute of Limitations and related questions

[Jeanne Dawes]

Ron, see if the title company will accept an indemnification from the other 3 sibs for any claims made by the 4th unfound sib.  Make sure the indemnification is restricted to just claims made by that one sib.

Jeanne

Jeanne J. Dawes
Attorney at Law
Gore & Grewe, P.S.
103 E. Indiana Avenue, Suite A
Spokane, WA 99207-2317
Voice:  509-326-7500
Fax:      509-326-7503
jjdawes at goregrewe.com<mailto:jjdawes at goregrewe.com>
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From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of ron at housh.org
Sent: Wednesday, June 15, 2016 12:14 PM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Urgent Statute of Limitations and related questions

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

Mount Vernon Office:
21411 Bluejay Place
Mount Vernon, WA 98274
Phone:  206-235-2459
Email:   ron at housh.org<mailto:ron at housh.org>


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