[WSBARP] Probat/Quiet Title

[Kary Krismer]

That on-demand CLE I linked yesterday covered this a bit.  I think the 
problem to avoiding probate may be the heir with the unknown location.  
Dwight could probably answer that.

Kary L. Krismer
206 723-2148

On 2/3/2021 9:27 AM, Eric Nelsen wrote:
>
> 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*
>
> **
>
> *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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