[WSBARP] Probat/Quiet Title

Wed Feb 3 14:48:44 PST 2021

Thank you so much Kary, Joseph and Andrew.  This advice is appreciated. Have
a great day.

John H. Loeffler

8414 N. Wall, Suite A

Spokane, Wa 99208-6171

Phone: 509.467.6767

 <mailto:JohnL at Ollps.com> JohnL at Ollps.com

From: wsbarp-bounces at lists.wsbarppt.com
[mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Kary Krismer
Sent: Wednesday, February 03, 2021 2:20 PM
To: wsbarp at lists.wsbarppt.com
Subject: Re: [WSBARP] Probat/Quiet Title

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

 <mailto:eric at sayrelawoffices.com> eric at sayrelawoffices.com

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From: wsbarp-bounces at lists.wsbarppt.com
<mailto: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

 <mailto:JohnL at Ollps.com> JohnL at Ollps.com

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