[WSBARP] Adverse Possession Tacking and Taxes

[Diane Kiepe]

Mark,

Addmitedly I don't do this work but from a probate standpoint, intuitively,
I don't think AP applies.  I don't think you have the hostile element and
perhaps not the timing element.

Husband's heirs may have an equitable lien on wife's property but if I am a
family member of the deceased spouse I would question whether probate was
necessary and, if so, who might have held an original Will.  If intestacy
applies, questions related to property classification arise.

Maybe a quiet title action? Alternatively, and perhaps more cheaply,
calculate the equitable lien and offer a payment for their signature.  It
would likely be worth it.

Diane Kiepe, J.D., LL.M. Taxation
Kiepe Estate and Probate, PLLC
diane at kiepelaw.com
200 N. Mullan Rd., Suite 203
Spokane Valley, WA  99206
509-808-2087 <(509)%20808-2087>
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On Tue, Sep 22, 2026 at 1:19 PM Mark Anderson <marka at mbaesq.com> wrote:

> I have a case where Husband and Wife owned real property that they
> acquired as tenants in common prior to the marriage.  Wife died in 2017.
> Husband continued to own the property and pay property taxes on it.
> Husband died in 2025.  PR for Husband's Estate recorded a Personal
> Representatives Deed, conveying all of his interest in the property to his
> Sister.  Sister has owned the property as her own ever since and has been
> paying the property taxes.  However, a title report shows ownership in the
> property vested in Sister and heirs of Wife.  In our efforts to clear up
> title to the property, we asked Wife's heirs to execute a Quitclaim Deed.
> We are getting pushback from Wife's heirs, who are now saying that they own
> an interest in the property.
>
> Do any of you have briefing on adverse possession tacking?
>
> Do any of you have special language to use an adverse possession action
> regarding the payment of taxes?
>
> Any other thoughts on the scenario?
>
> Thanks.
>
>
> *Mark B. Anderson *ANDERSON LAW FIRM PLLC
> 821 Dock Street, Suite 209
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> www.mbaesq.com
>
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