[WSBARP] Quiet Title Action Against Deceased (Unprobated Estate)

[Rob Wilson-Hoss]

This is kind of complicated. See attached. And this memo does not get into case law about diligence requirements for locating defendant unknowns; all of that is covered by Washington Practice. No matter what you do when you publish, or how it comes about, you have to show diligence in locating heirs. Some of this is specific to the facts, but much is general. I have worked this out over a number of years and it has been approved by many courts. 

 

One of my continuing issues is when Plaintiffs name “The Estate of XYZ,” when there is no probate. I don’t think there is an entity that acna be sued as The Estate of when there is no probate. There is no reason to name the Estate if you do it right anyway, and many judges have read something somewhere that tells them to question this, which I have heard sitting in motion  calendars.

 

You just have to try pretty hard to figure it all out or at least come to dead ends that you can demonstrate. 

 

Rob

 

Rob

 

Robert D. Wilson-Hoss 
Hoss & Wilson-Hoss, LLP 
236 West Birch Street 
Shelton, WA 98584 
360 426-2999

www.hossandwilson-hoss.com
rob at hctc.com

 

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From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of HOWARD HERMAN
Sent: Tuesday, September 20, 2016 9:31 PM
To: 'WSBA Real Property Listserv'
Subject: Re: [WSBARP] Quiet Title Action Against Deceased (Unprobated Estate)

 

CR 10

                                FORM OF PLEADINGS AND OTHER PAPERS

 

 

    (a)  Caption. Every pleading shall contain a caption setting forth the name of the court, the title of the

action, the file number if known to the person signing it, and an identification as to the nature of the

pleading or other paper.

        

    (1)  Names of Parties. In the complaint the title of the action shall include the names of all the parties,

but in other pleadings it is sufficient to state the name of the first party on each side with an appropriate

indication of other parties.

 

    (2)  Unknown Names. When the plaintiff is ignorant of the name of the defendant, it shall be so stated in the

plaintiff's pleading, and such defendant may be designated in any pleading or proceeding by any name, and when the

defendant's  true name shall be discovered, the pleading or proceeding may be amended accordingly.

 

    (3)  Unknown Heirs. When the heirs of any deceased person are proper parties defendant to any action relating

to real property in this state, and when the names and residences of such heirs are unknown, such heirs may be

proceeded against under the name and title of the "unknown heirs" of the deceased. In any action brought to

determine any adverse claim, estate, lien, or interest in real property, or to quiet title to real property,

unknown parties shall be designated as "also all other persons or parties unknown claiming any right, title,

estate, lien, or interest in the real estate described in the complaint herein."

 

You basically sue the whole world.

 

 

From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of David Faber
Sent: Tuesday, September 20, 2016 5:35 PM
To: wsbarp
Subject: [WSBARP] Quiet Title Action Against Deceased (Unprobated Estate)

 

Real Property List,

 

A client wants to file a quiet title action against a neighboring parcel. The problem is that the owner of record is a deceased individual. We know of at least one heir at law (a son, who appears to be paying the property taxes on the parcel), but do not have sufficient information about who the other heirs of the deceased might be, or whether the deceased has a valid will (though no probate appears to have ever been filed). 

 

Questions:

 

(1) Who do I need to name as the Defendant? The deceased? The son? Both?

 

(2) How do I plead against the defendant party or parties? We are only acting on information that the owner of record is deceased, though that information is pretty solid. Would it be sufficient to say "Defendant [NAME] is the owner of record of [PARCEL], and on information is believed Deceased"? Then plead against the known heir at law as another Defendant?

 

Thank you.

 

Best,

David J. Faber

Faber Feinson PLLC

210 Polk Street, Suite 1

Port Townsend, WA 98368
(360) 379-4110

 

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