Water Rights

[monkslh]

What is the name of your state? Washington.

What can my mother-in-law (Mary) do to secure her right to well water?

My M-I-L's mother-in-law split her property and left it to her two sons. One half had a well, Mary's half does not. The two brothers agreed to share the well (verbally). A couple of years ago they passed away within a few months of each other. Their wives (who coincidentally are sisters) carried on the agreement (verbally). They are both in their 80's. Maggie (Mary's sister) placed her property in a living trust to her daughter. She has subsequently had a stroke and is basically unable to communicate. Her daughter has decided she wants the well all to herself. She has already turned the water of once and only turned it back on after strong urging from her family.

My fear is that if her mother (Maggie) passes away, she will turn it off for good. Is there anything Mary can do now to document what has been a verbal agreement up until now?

Thanks for your help,
Doug

 

[pojo2]

Is there anything Mary can do now to document what has been a verbal agreement up until now?

Yes, visit with an Atty and have it committed to writing. You are dealing with family which requires even more care when addressing legal issues.

 

[tranquility]

"Water rights" are very touchy issues. Who is the trustee of the trust now that the sister is unable to communicate? If the sister is still the trustee, who has POA or conservatorship over her?

I don't think any prior verbal agreement will hold ... Odds are any new written agreement will be made with sister's daughter (as trustee or as one with rights to speak for sister). A problem is that many people don't deal with tough legal issues when a parent becomes incapacitated and steps may have to be taken to give *anyone* the right to sign an agreement. There may be expenses involved.

Just out of curiosity, is it possible to dig a well on the other property? How much would it cost? I ask because you may want to do a cost/benefit analysis of legal costs v. digging costs to get an acceptible result.