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

[John J. Sullivan]

Jeff: 

I think probate is necessary to determine child is sole heir. Perhaps you could do an adjudication of intestacy if more efficient. I’m not sure a TEDRA is necessary. Why not just file a disclaimer and have Administrator quitclaim interest to B?

John J. Sullivan

Sent from my iPhone

> On Mar 16, 2022, at 2:28 PM, jeff at bellanddavispllc.com wrote:
> 
> 
> 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
> 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
> w:  www.stileslaw.com
>  
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