[WSBARP] Omitted Child--RCW 11.12.091

[Catherine Clark]

All:

I'm working on a case in which we have a copy of a will (no original).  This copy identifies the four children of the decedent and the husband.  The entirety of the estate is given to one of the four children.  There is no language like "I know these are my children but I'm not giving them anything" or "I specifically do not provide for my husband."

Title to a portion of the estate is contested by a neighbor.  Of course, this will was not probated.

In our quiet title action, should we name all four children and the husband (and/or his estate)-the will is 30 years old?

Or, since the one child who received everything has lived on the property since, should we treat any and all other claims to the property as extinguished by adverse possession and leave it at that?

Your thoughts appreciated.

Thank you.

Catherine C. Clark
Law Office of Catherine C. Clark PLLC
2200 Sixth Avenue, Suite 1250
Seattle, WA 98121
Phone:  (206) 838-2528
Direct Dial:  (206) 274-7941
Cell:  (206) 409-8938
Fax: (206) 374-3003
Email:  cat at loccc.com

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