Legal Question in Wills and Trusts in Washington

Beneficiary Inquiry

My mother passed away in 1982. Her will stated that the beneficiaries were her children, stepchildren and her husband. There were several properties involved. Quit claim deeds were sent by her husband to the children after her death for 3 of the properties. One of these was signed by my sister and brother and I, the others were not. We have now just received information that the other properties have all been sold. How could this happen without the proper signature/knowledge of the families involved?


Asked on 7/16/04, 8:23 am

1 Answer from Attorneys

Amir John Showrai The Pacific Law Firm, PLLC

Re: Beneficiary Inquiry

I have to start out my response with a question: why didn't you and your siblings sign all the quitclaims to take formal ownership of the other properties? I would need to know more information before beginning to be able to tell you what your rights are in this situation. For example, what does your mother's will say ought to happen if you don't sign the quitclaim deeds and record them? Who then owns the properties? What are the facts surrounding the sale of the properties? Specifically, who is the seller, and based on what documents?

If the properties have been sold and escrow is closed and the new buyers have moved in, then your best bet is to file an action to quiet title. If the sale is merely pending the close of escrow, then you need to move quickly to file a lis pendens (which puts everyone on notice that the title to the properties are in dispute) as part of an action to quiet title.

Ultimately, you have a matter that is too complicated to give you good answers in this forum. If you wish to call our office, I would be happy to give you a free telephone consultation since you are in Pennsylvania. Our number is (206) 223-9510.

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Answered on 7/16/04, 5:23 pm


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