[WSBARP] Grant of Easement - Death of One Spouse

[Kary Krismer]

Which gives rise to the question, shouldn't this be an insured 
transaction?  I've never thought about something like that before, but 
when you're dealing with that many parties IF title insurance is 
available, seemingly it would be prudent to get it.  And IF they do 
insure such transactions, then you could ask the title examiner what 
they require.

But yes, I do like this answer.  I once had a real estate client 
unexpectedly die on a listing the day an offer was coming in.  The 
buyer's agent was old-school and wanted to present the offer directly to 
my widow client.  I had a hard time convincing her that she should wait 
at least a day.  The death didn't slow anything down at all on the 
transaction.  Just a affidavit of lack of probate was required.

Kary L. Krismer
206 723-2148

On 9/16/2022 2:58 PM, K. Garl Long wrote:
>
> 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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