[WSBARP] Adverse Possession Tacking and Taxes

[Mark Anderson]

Any adverse possession claim would be made in a quiet title action brought by the Sister against the heirs.  The heirs are claiming that they have some interest apart from the interest of the surviving Husband.  And the Sister’s adverse possession claim would tack on to the Husband’s hostile possession vis-à-vis the heirs.

Mark B. Anderson
ANDERSON LAW FIRM PLLC
821 Dock Street, Suite 209, PMB 4-12
Tacoma, Washington 98402
+1 253-327-1750
+1 253-327-1751 (fax)
marka at mbaesq.com<mailto:marka at mbaesq.com>
www.mbaesq.com<http://www.mbaesq.com/>
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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Diane Kiepe
Sent: Tuesday, September 22, 2026 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>
200 N. Mullan Rd., Suite 203
Spokane Valley, WA  99206
509-808-2087<tel:(509)%20808-2087>
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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
+1 253-327-1750<tel:(253)%20327-1750>
+1 253-327-1751<tel:(253)%20327-1751> (fax)
marka at mbaesq.com<mailto:marka at mbaesq.com>
www.mbaesq.com<http://www.mbaesq.com/>
CONFIDENTIALITY NOTICE
This transmission is confidential and is intended solely for the use of the individual named recipient. It may be protected by the attorney-client privilege, work product doctrine, or other confidentiality protection. If you are not the intended recipient, or the person responsible to deliver it to the intended recipient, be advised that any dissemination, distribution, or copying of this communication is prohibited. If you have received this transmission in error, please immediately notify the sender via e-mail or by telephone at (253) 327-1750<tel:(253)%20327-1750> that you have received the message in error, and then delete it. Thank you.

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