[WSBARP] Probat/Quiet Title

[Eric Nelsen]

House is in Spokane? If a probate is to be done, do it in Washington. I don't see a need for a California probate to deal with the real estate here.

If grandmother died more than 2 years ago, a title company might be willing to insure title based on an affidavit of no-probate executed by all the heirs at law-except, you have a missing heir.

So I think a probate is really the only way to go; the PR will have authority to sell the property and then appoint a statutory agent to hold the missing heir's share of residue per RCW 11.76.200 et seq.<https://app.leg.wa.gov/RCW/default.aspx?cite=11.76.200>

Quiet title might work if the occupant has had sole and exclusive possession of the house for 10 years after grandmother died. Defendants would be the other heirs in that case. But that's a long process and the client can't purchase the property until the owner is confirmed. I think probate still sounds like the best route.

Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
206-625-0092
eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>

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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of John L
Sent: Wednesday, February 3, 2021 9:04 AM
To: wsbarp at lists.wsbarppt.com
Subject: [WSBARP] Probat/Quiet Title

Listmates,

I have an investor client, hoping to buy a house.  The current occupant is willing to sell his interest, if any, in the house.  Title is in the name of the occupant's deceased grandmother who died living in California. The known heirs of grandmother are the occupant, occupant's sibling and a second sibling, whereabouts unknown.  Questions:

If a probate is done will we need to do two of them, one in Cali and one in Washington?
Could a quiet title action be done in lieu of a probate?
Are there any other ideas?

Thank you.

John H. Loeffler

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Olson Loeffler Law Group, P.S.
8414 N. Wall, Suite A
Spokane, Wa 99208-6171
Phone: 509.467.6767
JohnL at Ollps.com<mailto:JohnL at Ollps.com>

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