[WSBARP] Cloud on Title

[Paul Neumiller]

"Was the TEDRA case combined with the probate?"  Yes, everything (including the mediation and arbitration) was filed under the original probate number.   "Did parents receive a Declaration of Completion of Probate when the probate was closed?"  No.  Daughter's Will left everything to husband so parents did not receive a copy of the Declaration of Completion.  Also, parents did not appeal the arbitrator's written decision within the 30 day window so the decision "is conclusive and binding on all parties" under RCW 11.96A.310(9)(b).

I seek a method to enforce the arbitration decision which is "conclusive and binding" on the parents.

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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Jane Bitz
Sent: Wednesday, December 27, 2023 5:10 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Cloud on Title

Was the TEDRA case combined with the probate? Did parents receive a Declaration of Completion of Probate when the probate was closed?

I think that this will require a Quiet Title action and perhaps the husband can recover attorney fees.

Jane G. Bitz
Of Counsel
WHC Attorneys PLLC
12209 E. Mission Ave, Suite 5
Spokane Valley, WA 99206-4824
(509) 927-9700 x126
FAX: (509) 777-1800

From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com>> On Behalf Of Paul Neumiller
Sent: Wednesday, December 27, 2023 4:41 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: [WSBARP] Cloud on Title

Listmates,  parents sell residence to daughter with a reversionary interest if daughter dies before parent's loan paid in full.  Daughter dies before loan paid in full and husband (whom parents absolutely despise) probates daughter's estate.  Parties go to lengthy and acrimonious TEDRA arbitration regarding effectiveness of reversionary interest.  Arbitrator says husband has to pay off the balance of the loan (which he does) and says reversionary interest fully null and void and daughter's estate gets the residence.  The probate was closed three years ago.  Now, three years later, parents record a "Notice of Interest in Ownership and Title" claiming parents own the residence due to the reversionary interest and claim they own the residence because the daughter's estate never owned the residence because the reversion clause in the purchase agreement was self-executing so the TEDRA action was illegal.  The parents are quite elderly and the "Notice" contains much nonsensical and bewildering language that I associate with constitutionalists.

So, what to do?  Should husband re-open the probate and bring a TEDRA action to enforce the terms of the arbitration and ask for a deed clearing title?  Should husband bring a quiet title action and summary judgement motion citing the arbitration decision?  Some other action?  Can husband get attorney fees in any of this.


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