[WSBARP] Adverse Possession Tacking and Taxes

Tue Sep 22 14:29:41 PDT 2026

This is a tough one.  I worked on a similar case a few years back (except that the parties were clearly in a CIR but never married).  Although one partner continued living in the property and paying the mortgage, taxes, etc. for several years, the other partner’s family argued they still had an interest in the property.  Neither partner had a will, of course.  We ended up settling pre-mediation/litigation.  Happy to discuss it with you off-list.

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Inge A. Fordham | Attorney
Fordham Law, PLLC
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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> on behalf of Diane Kiepe <diane at kiepelaw.com>
Date: Tuesday, September 22, 2026 at 2:15 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Adverse Possession Tacking and Taxes

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<mailto:diane at kiepelaw.com>
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Spokane Valley, WA  99206
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On Tue, Sep 22, 2026 at 1:19 PM Mark Anderson <marka at mbaesq.com<mailto: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<https://www.google.com/maps/search/821+Dock+Street,+Suite+209?entry=gmail&source=g>, PMB 4-12
Tacoma, Washington 98402
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