Legal Question in Real Estate Law in Washington

A deceased partner

My Uncle that is alive lost his brother a year ago inwhich they were partners on a piece of realestate. Now the daughter of the deceased is has probated the realestate and my alive Uncle is and has been making payments on this. The mortage company said she is not on the note there for the living brother is in charge. unless the daughter of deseased wants to buy out my living Uncle.Now it seems since her probate attorney knows the facts he has not done anything more for her, being her father the deseased owes alot of money all over the place more than what his half bring in if it were to be sold. Which the living brother (my Uncle) is not going to sell.There was no will and if there were to be one the deseased daughter would not be named on it because they were astranged.I really need some advice for my Uncle as washington state doesn't have very good attorneys, been a waste of money. Thank You Happy Holidays Debbie


Asked on 12/12/06, 4:19 am

1 Answer from Attorneys
Judith Deming Deming & Associates

Re: A deceased partner

First, Washington law prevails, and I can only advise you based upon CA law. That said, many states have laws which are similar. In CA, the first thing you would want to ascertain is how title is held; if held as joint tenants, then your uncle would now own all. I will assume it is held in some other manner (i.e., tenants in common, in a partnership, etc.), and if this is the case, your uncle can intervene into the probate, or file suit for partition and and/or contribution and name the estate of the deceased party as the defendant, etc. There are many things you can do, but they all require money and these are not remedies you can pursue without an attorney.

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Answered on 12/12/06, 11:08 am


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