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

[Jeff at bellanddavispllc.com]

I believe the correct way would be for A's child to probate A's estate and
either take title to A's interest and then quitclaim it (as a gift) to B, or
just have A's estate transfer the interest to B.

 

Jeff Davis

 

W. Jeff Davis

BELL & DAVIS PLLC
P.O. Box 510

720 E. Washington Street, Suite 105
Sequim WA 98382
Phone: (360) 683.1129 
Fax: (360) 683.1258 
email: jeff at bellanddavispllc.com <mailto:jeff at bellanddavispllc.com> 
 <http://www.bellanddavispllc.com/> www.bellanddavispllc.com
 
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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com>
On Behalf Of Timothy Lehr
Sent: Wednesday, March 16, 2022 2:23 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Disclaimer of interest & transfer of title to real
property

 

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

 



 

p:   360.855.0131

e:   timothy at stileslaw.com <mailto:timothy at stileslaw.com> 

w:  www.stileslaw.com <http://www.stileslaw.com/> 

 

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