[WSBARP] Disclaimer of interest & transfer of title to real property

[Timothy Lehr]

All,

An interesting fact pattern I have yet to encounter:

Sibling A and sibling B on title to real property as tenants in common (they inherited the property from their dad). Both parents of sibling A & B have passed away and there are no other siblings other than A & B. Sibling A then passed away without a Will and leaving only 1 child, no spouse. Child has no interest in the property and would like to disclaim his interest. Via intestate succession, child's interest would presumably go to Sibling B.

If I'm correct with the above, what steps need to be taken to clear title from Sibling A to Sibling B. Child has signed a disclaimer of interest. Probate for Sibling A and a TEDRA agreement seems like the best way, but can probate be avoided? If TEDRA is the best way, does the agreement need to be recorded?

I appreciate any input!

Timothy C. Lehr
Attorney at Law

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