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

[David Faber]

Thank you all for your assistance. Robert Wilson-Hoss's motion and
memorandum in particular should be of quite a bit of use.

Best,
David J. Faber
Faber Feinson PLLC
210 Polk Street, Suite 1
Port Townsend, WA 98368
(360) 379-4110

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On Wed, Sep 21, 2016 at 9:51 AM, Rob Wilson-Hoss <rob at hctc.com> wrote:

> 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 <http://www.hossandwilsonhoss.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 <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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