[WSBARP] Testamentary Segregation

Josh Grant jgrant at accima.com
Wed Sep 22 09:41:28 PDT 2021


I am assisting a PR.  The LW&T gave the PR a residence and adjoining 20 acres.  I drafted the Will and I know the intent was to avoid a claim of violating the shortplat statue by dividing land with a parcel less than 20 acres.
A surveyor has a proposed “Record Survey for Testamentary segregation” which has 3 lots in it.  One lot is the house and some area around it totaling 3 acres. one additional lot has 20 acres and a final lot has 139 acres.
I believe I read in this listserve a warning about setting up lots by way of testamentary disposition which is legal but that the new owner of the 3 acre piece may not be able to sell it.  If that is the case then there is no reason to do a 3 lot survey and the smallest lot would be 23 acres.
What say you?
Josh
Joshua F. Grant

P. O. Box 619
Wilbur, WA 99185
509 647 5578
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