[WSBARP] Grant of Easement - Death of One Spouse

[K. Garl Long]

Real property transferred to heir immediately upon death. If she left it 
to her husband, either by statutory inheritance of a will, survivor can 
transfer without probate. (Title company would even bless such transfer 
based upon a lack of probate affidavit.)

K. Garl Long

On 9/16/22 14:51, Inge Fordham wrote:
>
> Colleagues,
>
> I have a case involving easement rights where the owners of 18 
> separate properties will need to sign an easement allowing my clients 
> (owners of a 19^th property) to use the easement over a private road.  
> As you can imagine, it is not particularly easy to work with 18 
> separate households.  I recently learned that one of the owners passed 
> away.  The property in question is community property owned by a 
> husband and wife.  The wife passed and the husband continues to reside 
> at the property.  I have no indication that probate was commenced or 
> that the cloud on title was otherwise cleared.  What is the effect of 
> the grant of easement rights over that parcel if the surviving husband 
> signs but the deceased wife does not?  Legally, I believe both owners 
> on title need to sign, meaning the property would need to be 
> transferred solely to the surviving husband before he could sign the 
> easement.  If my clients elect to proceed with just one signature 
> before the cloud on title is cleared, does that render the grant of an 
> easement over that parcel invalid?  The delay and cost of commencing 
> probate to have a PR/administrator appointed to clear title would be 
> an expensive burden for my clients, not to mention a significant 
> delay, if the family does not intend to probate the decedent’s 
> estate.  My clients believe it is highly unlikely that anyone would 
> ever go back and trace the fact that the deceased wife did not sign 
> and may press to proceed with just the surviving husband’s signature 
> before the cloud on title is cleared.  I will, of course, counsel my 
> clients in accordance with the law.  Unfortunately, clients do not 
> always follow advice of counsel…
>
> Thank you,
>
> uc%3fexport=download&id=1W3rEcChy0_E0cCfV5up02mkhwnL6eWIs&revid=0B4P5JoIHdbFaR29EbHlRWHFseFV5STZpSUVGeUNPWldkVDFVPQ
>
> 	
>
> *Inge A. Fordham | Attorney*
>
> Fordham Law, PLLC
>
> 3218 Sixth Avenue | Tacoma, WA 98406
>
> Office: (253) 348-2657 | Mobile: (206) 778-3131
>
> www.fordhamlegal.com <http://www.fordhamlegal.com>
>
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