[WSBARP] Grant of Easement - Death of One Spouse
K. Garl Long
Garl at longlaw.biz
Fri Sep 16 14:58:14 PDT 2022
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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