[WSBARP] Proposed Legislation: Uniform Partition of Heirs Property Act SB 5005

[Andrew Hay]

Here is the Uniform Laws Commission statement of the purpose

The Uniform Partition of Heirs Property Act (UPHPA) helps preserve family wealth passed to the next generation in the form of real property.  If a landowner dies intestate, the real estate passes to the landowner's heirs as tenants-in-common under state law.  Tenants-in-common  are  vulnerable  because  any  individual  tenant  can force a partition.  Too often, real estate speculators acquire a small share of heirs' property in order to file a partition action and force a sale.  Using this tactic, an investor can acquire the entire parcel for a price well below its fair market value and deplete a family's inherited wealth in the process.  UPHPA provides a series of simple due process protections: notice, appraisal, right of first refusal, and if the other co-tenants choose not to exercise their right and a sale is required, a commercially reasonable sale supervised by the court to ensure all parties receive their fair share of the proceeds

Why your state should adopt:  https://www.uniformlaws.org/HigherLogic/System/DownloadDocumentFile.ashx?DocumentFileKey=109baaec-cb50-e54a-ae20-7d72c16df14c&forceDialog=0

Summary: https://www.uniformlaws.org/HigherLogic/System/DownloadDocumentFile.ashx?DocumentFileKey=1166a210-6868-cacb-32dd-20624634c8d8&forceDialog=0


Andrew Hay
Hay & Swann PLLC
201 S. 34th St.
Tacoma, WA 98418
www.washingtonlaw.net<http://www.washingtonlaw.net>
andrewhay at washingtonlaw.net<mailto:andrewhay at washingtonlaw.net>
He/him/his
253.272.2400 (w)
253.377.3085 (c)


From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Roger Hawkes
Sent: Thursday, December 8, 2022 3:17 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Proposed Legislation: Uniform Partition of Heirs Property Act SB 5005

Thanks, Cat.  Too meaty to digest quickly; bring it up weekly until sufficient response to help digest it.

From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com>> On Behalf Of Catherine Clark
Sent: Thursday, December 8, 2022 11:51 AM
To: wsbarp at LISTS.WSBARPPT.COM<mailto:wsbarp at LISTS.WSBARPPT.COM>
Subject: [WSBARP] Proposed Legislation: Uniform Partition of Heirs Property Act SB 5005

All:

The attached has been pre-filed in Olympia for consideration in the upcoming session.

What say you about this?

Catherine "Cat" Clark
Law Office of Catherine C. Clark PLLC
110 Prefontaine Place South, Ste. 304
Seattle, WA 98104
Phone: (206) 838-2528
Cell: (206) 409-8938
Email: cat at loccc.com<mailto:cat at loccc.com>

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