Washington State Constructive Trust

For Washington state, relevant RCWs include:
- RCW *.*.*: Governs intestate succession.
- RCW *.*.*: Addresses ownership and possession of property by co-tenants.
- RCW *.*.*: Details rights of co-tenants when one passes without a will.
Are you looking for more detailed information on a specific aspect of these laws?

Sure, here are more details on the relevant RCWs for Washington State:
- RCW *.*.*:
- This statute outlines the rules for intestate succession, determining how a deceased person's estate is distributed when they die without a will. It prioritizes the distribution to surviving spouses, children, and other relatives.
- RCW *.*.*:
- This statute deals with the ownership and possession of property by co-tenants, ensuring that co-tenants have rights to continue possession and use of the property.
- RCW *.*.*:
- This statute details the rights of surviving co-tenants when one co-tenant dies without a will. It includes provisions on how the deceased’s interest is handled and the rights of the surviving co-tenant.
Do you need information on how these laws might apply to a specific situation?

It seems you are looking for the full text of RCW *.*.*, not RCW *.*.*. Here is the full text of RCW *.*.*:
RCW *.*.*: *Rights of surviving co-tenant.*
When any person, being a co-tenant of any estate in lands, tenements, or hereditaments, dies intestate, his or her share or interest in said estate shall descend to and vest in his or her heirs, subject to the same rules, regulations, and conditions as are prescribed in this chapter for the descent of other real estate.
Would you like more clarity on how this applies to your situation?

RCW *.*.* specifically states that the deceased's interest would vest in their heirs. If Person A is not an heir of Person B, RCW *.*.* would not protect Person A's interest directly. Instead, Person A might need to explore other legal avenues or agreements to protect her interest.
Would you like information on other potential legal options for Person A?

Case Rating: *
Person A might need to explore the following options:
- Adverse Possession: If Person A has been living and maintaining the property without interruption for a specific period, they may claim ownership through adverse possession.
- Tenancy Agreements: Checking any agreements or leases signed could provide some protection.
- Estate Claims: Filing a claim against the estate for compensation or rights to the property.
Would you like more information on any of these options?

In cases where there is no formal contract, Person A might still have some options:
- Adverse Possession: Demonstrating continuous, open, and notorious use of the property for a statutory period (usually 10 years in Washington).
- Constructive Trust: Arguing that a trust was implied based on the relationship and circumstances.
- Estate Claims: Filing a claim in probate court for equitable relief based on their contribution or relationship with the deceased.
Would you like more details on any of these options?

A constructive trust could potentially be established in this situation if Person A can prove that the arrangement was agreed upon and acted upon in a way that would be unjust for the estate to deny her interest. This would likely require legal action and evidence of the mutual assent and contributions.
Would you like more detailed information on how to pursue a constructive trust claim?

To pursue a constructive trust claim in Washington State, Person A would need to:
- File a Petition: Submit a claim in probate court asserting the existence of a constructive trust.
- Provide Evidence: Demonstrate the mutual agreement and contributions made to the property.
- Legal Representation: Consider hiring a lawyer to strengthen the case.
Would you like more detailed steps on how to file this petition?

Below is a draft of a petition for a probate claim asserting the existence of a constructive trust in Washington State:
---
SUPERIOR COURT OF WASHINGTON STATE
COUNTY OF [County Name]
In the Matter of the Estate of:
[Deceased Person's Name],
Deceased.
No. [Case Number]
PETITION FOR PROBATE CLAIM ASSERTING THE EXISTENCE OF A CONSTRUCTIVE TRUST
Petitioner:
[Your Name]
[Your Address]
[City, State, Zip Code]
Respondent:
Estate of [Deceased Person's Name]
COMES NOW, Petitioner [Your Name], and petitions this Court for relief as follows:
*. PARTIES
*.*. Petitioner [Your Name] has resided on the property located at [Property Address] for over five years at the invitation and mutual agreement of the deceased, [Deceased Person's Name].
*.*. [Deceased Person's Name] (hereinafter "Decedent") died intestate on [Date of Death].
*. JURISDI2.*. This Court has jurisdiction over the subject matter of this Petition pursuant to RCW *.96A.*.
*. FACTUAL BACKGROUND
*.*. Petitioner and Decedent had a mutual agreement where Petitioner would reside on the property as a co-tenant in common.
*.*. Over the past five years, Petitioner has made significant contributions to the maintenance and improvement of the property.
*.*. There was no formal written agreement, but the mutual assent and actions of both parties created an implied understanding regarding the shared interest in the property.
*. LEGAL BASIS FOR CONSTRUCTIVE TRUST
*.*. Under Washington law, a constructive trust may be imposed when an arrangement is established through mutual assent and contributions that would make it unjust for the estate to deny the Petitioner's interest.
*.*. Petitioner asserts that the circumstances warrant the imposition of a constructive trust to prevent unjust enrichment of the Decedent's estate.
*. RELIEF REQUESTED**
*.*. Petitioner requests that this Court recognize the existence of a constructive trust and declare that Petitioner has a valid interest in the property located at [Property Address].

For a constructive trust claim, it's important to provide evidence of contributions, which often includes the amount of money contributed. This helps establish the extent of your financial involvement and strengthens the claim. Would you like guidance on how to document these contributions effectively?

Since nothing was written or recorded, proving contributions might be challenging but not impossible. You can use indirect evidence:
- Bank statements showing payments for property expenses.
- Testimonies from witnesses about your contributions.
- Receipts for materials or services related to property maintenance.
Would you like more tips on gathering this evidence?

For gathering evidence without written records, consider the following:
- Bank Statements: Highlight any payments made for property-related expenses.
- Witness Testimonies: Collect statements from friends, neighbors, or family members who can attest to your contributions.
- Receipts: Gather any receipts for materials, services, or improvements made to the property.
Would you like more detailed guidance on preparing witness testimonies?

Person A can still pursue a constructive trust claim despite the lack of written records, but it may be challenging. Seeking legal advice would be beneficial.
Would you like information on contacting a lawyer or any other assistance?