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

[Douglas W. Scott]

Please let me know of your replies as I have a similar situation.

Sent from my iPhone

On Sep 20, 2016, at 5:44 PM, David Faber <david at faberfeinson.com<mailto:david at faberfeinson.com>> wrote:

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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