[WSBAPT] Opening probate of spouse with CP agreement
Tom J. Westbrook
tjw at w3net.net
Thu Apr 17 13:24:25 PDT 2014
Hi Heather,
I concur with Ron and recommend you use the Nisqually Valley News in Yelm
for publishing Notice to Creditors as it is the least expensive in
Thurston County.
Same issue with PR Deed subject to life estate – language will be
determined by language in Will. But it sounds like conveyance to 2 kids as
T-I-C subject to life estate in Kid 3. Sounds like a recipe for disaster
when Kid 3 doesn’t keep the place up like Kids 1&2 think it should be and
they will likely be paying the property tax and insurance unless the Will
mentions how all of that is to be handled. You may want to get some kind
of agreed life estate maintenance and use agreement between the 3 kids
before any distribution in an attempt to keep future arguments down, etc.
Sincerely,
Tom
Thomas J. Westbrook
Attorney at Law
Thomas J. Westbrook, PLLC
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From: wsbapt-owner at lists.wsbarppt.com
[mailto:wsbapt-owner at lists.wsbarppt.com] On Behalf Of Ronald Hendry
Sent: Thursday, April 17, 2014 1:00 PM
To: wsbapt at lists.wsbarppt.com
Subject: RE: [WSBAPT] Opening probate of spouse with CP agreement
I would record the CP Agreement in Thurston County, where the real
property is located. You can record it before or after the probate is
started.
With respect to the husband’s estate, you could file a joint petition for
Husband and Wife and probate both estates in the same proceedings. It is
not necessary to probate the Husband’s estate in order to transfer
ownership, but by including him in the probate, you can take advantage of
the four month claim period for both estates. The Notice to Creditors
should be published in Thurston County, where the real property is
located.
With respect to the life estate, be more specific on how the Will reads.
Ron Hendry
From: wsbapt-owner at lists.wsbarppt.com
[mailto:wsbapt-owner at lists.wsbarppt.com] On Behalf Of Heather Kolbly
Sent: Thursday, April 17, 2014 11:35 AM
To: wsbapt at lists.wsbarppt.com
Subject: RE: [WSBAPT] Opening probate of spouse with CP agreement
Hi All,
I am getting ready to open probate for deceased Wife. Husband died last
October and no probate was opened. H and W had a Community Property
Agreement and standard wills leaving everything to each other, and then
when they are both gone, the property is to be divided as described in the
Wills to all 3 of their adult children. The deceased parties lived in
Thurston County and they owned real property there, but I am opening
probate in King County, since that’s where I am located. QUESTIONS:
1. Does the CP Agreement need to be recorded in Thurston Co. or can
I record it in King Co.? I am thinking Thurston, since that’s where
decedents lived and where they owned property, but since I can open
probate in King County, I am wondering if I can record the CP Agreement in
King Co. as well.
2. It’s my understanding that if I record the CP Agreement, no
further action needs to be taken regarding Husband’s estate (i.e. no
probate needs to be opened for his estate, and no paperwork needs to be
filed with the court concerning his death, other than filing the original
of his Will). Is that correct?
3. Do I need to wait for the CP Agreement to be recorded before I can
open probate for Wife?
4. Wife’s Will (as well as husband’s) left real estate to 2 of the
kids in the form of a life estate tied to Kid #1’s life. Can anyone offer
guidance on what the deed will look like for that? I’ve never dealt with
a life estate before beyond learning about it in law school.
Many thanks,
Heather Kolbly
KOLBLY LAW FIRM, P.C.
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