Details for 31. However, the purposeful use of or is specific enough

Updated

31. However, the purposeful use of or is specific enough to demonstrate the desire to create a joint tenancy with a right of survivorship, given the clear connotation that or in all other contexts creates alternative ownership unlike and, which creates joint ownership. See Or. Merriam-Webster.com Dictionary, Merriam-Webster, https://www.merriam-webster.com/dictionary/or. Accessed 21 May. 2020.

32. Accordingly, the use of the word or on the deed for the Property made Chaney and King alternative owners or joint tenants with rights of survivorship and King is the rightful owner of the Property.

33. Any such claim of the Estate or the Personal Representative is without right whatsoever, and they do not have a legal or equitable right, claim, or interest in the Property.

34. King is entitled to judgment quieting title in the Property to King and granting marketable title for the Property free from any claims.

35. Alternatively, should this Court determine the use of or is not sufficiently specific to create a joint tenancy, King is entitled to a fifty-percent interest in the property as a tenant in common. I.C. 55-508.

PETITION FOR DECLARATORY JUDGMENT

As to the Estate and Personal Representative

36. The foregoing paragraphs are incorporated by reference.

37. Prior to Chaneys death, the title and registration for the Vehicle listed ownership as Wanda Jean King or Lester M. Chaney. Ex. A.

38. Idaho law states the or designation on a certificate of title indicates alternative, rather than joint ownership. Gugino v. Jones (In re Antonie), 2011 Bankr. LEXIS 4549, *6, 2011 WL 5913725 (citing Idaho Code 49-502); Latham Motors, Inc. v. Phillips, 123 Idaho 689, 851 P.2d 985, 991-92 (Idaho Ct. App. 1992); see also Duplicate Idaho Title Application With Ownership Transfer form, available at https://itd.idaho.gov/wp-content/uploads/2016/06/3369.pdf (last visited May 21, 2020) (If more than one owner of record is shown on the current title, any owner may sign if their names are connected by OR, but all must sign if their names are connected by AND).

39. Thus, upon Chaneys death, title to the Vehicle was automatically in Kings name.

40. Therefore, pursuant to Idaho law, as alternate owners, each party on an OR motor vehicle title has the ability to unilaterally transfer complete ownership of the vehicle to another.

41. Accordingly, after Chaneys death, on March 11, 2019, the Vehicle was retitled from Lester Murrel Chaney Jr. or Wanda Jean King to Wanda Jean King and registered in Kings name. Ex. B.

42. Therefore, the Estate has no claim to or interest in the Vehicle, the Vehicle is the sole property of King, and King is entitled to judgment pursuant to I.C. 15-8-101, et seq. and I.C. 10-1201.

PETITION FOR DECLARATORY JUDGMENT

As to the Estate and Personal Representative

43. The foregoing paragraphs are incorporated by reference.

44. Kings Personal Property is her sole and separate property and Chaney never had an interest in or to said property.

45. At the January 27, 2020 hearing on Kings Petition for Allowance of Claim, the Personal Representative acknowledged the Personal Property belonged to King and she would make efforts to return the items to King. See Declaration of Kaleena M. Beck, 6.

46. Thus, by the Personal Representatives own admissions, these items do not belong to the Estate and King is entitled to the Personal Property.

47. However, to date the Personal Representative has made no effort to return the Personal Property to King. See Declaration of Kaleena M. Beck, 7.

48. Accordingly, because the Estate has no claim to or interest in the Personal Property King is entitled to judgment pursuant to I.C. 15-8-101, et seq. and I.C. 10-1201.

49. King respectfully requests the Court declare Petitioner is the sole owner of the Personal Property and the Personal Representative must return to King any and all Personal Property remaining at the Property.

ATTORNEYS FEES

50. Petitioner has retained the services of the law firm of Madsen Beck to represent her in this action. As part of any final judgment entered against any Respondent who contests Petitioners claim to the entire parcel of the Property in this action, the Vehicle, or the Personal Property, Petitioner should be awarded her reasonable attorneys fees and costs incurred.

PRAYER FOR RELIEF

WHEREFORE, Petitioner, Wanda Jean King, respectfully requests a judgment, order, and decree of the Court as follows:

1. For a Decree and Final Order quieting title in Wanda Jean Kings favor and against Respondents and granting to Wanda Jean King marketable title for the Property, free from any claims;

2. For a Judgment permanently enjoining the Respondents, and/or any heirs or creditors of the Estate, from disrupting, interfering with, disturbing the quiet and peaceful enjoyment of the Property, or taking any actions inconsistent with or in derogation of Wanda Jean Kings rights to utilize the Property;

3. For a declaration that provides the Respondents, and/or any heirs or creditors of the Estate, have no right, title, or interest in the Vehicle and the Vehicle is the sole property of King;

4. For a declaration that provides the Respondents, and/or any heirs or creditors of the Estate, have no right, title, or interest in the Personal and the Personal Property is the sole property of King;

51. For a declaration that provides the Personal Representative must return to King any and all Personal Property remaining at the Property;

5. For attorney fees and costs of suit to be awarded pursuant to Idaho Code 12-120, Idaho Code 12-121, and I.R.C.P. 54, and in the event of default, attorneys fees and costs in the amount of $5,000.00; and

6. For other and further relief as the Court may deem just and equitable.

DATED this 3rd day of June, 2020.

MADSEN BECK PLLC

/ s / Kaleena M. Beck

KALEENA M. BECK

Attorneys for Wanda Jean King

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on this 3rd day of June, 2020, I caused to be served a true copy of the foregoing PETITION TO QUIET TITLE AND FOR DECLARATORY JUDGMENT by the method indicated below, and addressed to those parties marked served below:

Party Counsel Means of Service

Estate Zachary Battles U.S. Mail, Postage Paid

JONES, BROWER & CALLERY, P.L.L.C. Hand Delivered

1304 Idaho Street Fax Transmittal

P.O. Box 854 X iCourt Notification

Lewiston, Idaho 83501

Email: zbattles@lewiston.com

/ s / Kaleena M. Beck

KALEENA M. BECK

Kaleena M. Beck, ISB: 9576

MADSEN BECK PLLC

P.O. Box 140598

Boise, ID 83714

Phone: (208) 321-6384

Fax: (208) 810-4445

kaleena@madsenbeck.com

Attorneys for Wanda Jean King

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