FW: [WSBAPT] Split of Ownership of Real Estate
Valerie Ohlstrom
valerie at ohlstromlaw.com
Wed Apr 23 07:26:14 PDT 2014
Very Truly Yours,
Val
Valerie O. Ohlstrom
Ohlstrom Law Office
<mailto:vohlstrom at comcast.net> valerie at ohlstromlaw.com
<http://www.ohlstromlaw.com/> www.ohlstromlaw.com
(425) 881-5251
From: wsbapt-owner at lists.wsbarppt.com
[mailto:wsbapt-owner at lists.wsbarppt.com] On Behalf Of Mike Winslow
Sent: Tuesday, April 22, 2014 12:42 PM
To: wsbapt at lists.wsbarppt.com
Subject: RE: [WSBAPT] Split of Ownership of Real Estate
Tenancy in Common as between mom and the Son/Daughter in law. 50-50 (your
option a).
Michael A. Winslow
1204 Cleveland Ave.
Mount Vernon, WA 98273
Ph. 360-336-3321
Em. Mike at winslegal.com
This message is from an attorney, so it’s confidential. If you are not the
intended recipient, it’s too late to stop reading this message, but you
may not use it for any improper purpose. Huge Disclaimer available upon
request.
From: wsbapt-owner at lists.wsbarppt.com
[mailto:wsbapt-owner at lists.wsbarppt.com] On Behalf Of Douglas Bratt
Sent: Tuesday, April 22, 2014 12:35 PM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Split of Ownership of Real Estate
Hello Listmates:
I am dealing with a Quit Claim Deed executed by the Decedent (Jane Smith)
whose Will is being probated. The QCD was executed approximately 25 years
prior to the death of Jane Smith.
The language of the Quit Claim Deed states as follows:
"The Grantor, Jane Smith, an unmarried individual, for and in
consideration of love and affection mother to son and daughter in law,
quit claims to Jane Smith, an unmarried woman and Harry Smith and Wanda
Smith, husband and wife, the following described real estate, situated in
the County of King State of Washington, including after acquired title:
(Legal Description then set out.)"
Jane Smith was the mother of Harry Smith. Harry Smith is (and was at the
time of the QCD) married to Wanda Smith.
In 2005, all three individuals signed a Deed of Trust on the real estate,
to secure a Promissory Note, with no recitations of percentage of
ownership.
Question: Do any of you have any quick and dirty opinions on the
percentages of ownership of the Estate of Jane Smith compared to that of
Harry Smith and Wanda Smith, Husband and Wife?
The obvious possibilities are that:
a) The Estate of Jane Smith owns 50% and Harry Smith and Wanda Smith,
husband and wife, own 50%, together;
OR
b) The Estate of Jane Smith owns one-third, Harry Smith owns one-third and
Wanda Smith owns one-third.
Any thoughts, case authority, etc?
Thank you.
Regards,
Doug Bratt
Douglas J. Bratt
Lawyer
Office: (360) 213-2040
Fax: (360) 213-2030
CONFIDENTIALITY NOTICE: This email message may contain confidential or
privileged information. If you have received this message by mistake,
please do not review, disclose, copy, or distribute the email. Instead,
please notify us immediately by replying to this message or telephoning
us. Thank you.
NOTE: I do not use encrypted email. Messages sent to or from my office
via email are not secure and may not be protected by attorney-client
privilege. This email address is not monitored at all times. If your
matter is urgent, please phone my office during regular business hours.
TAX ADVICE NOTICE: IRS Circular 230 requires us to advise you that, if
this communication or any attachment contains any tax advice, the advice
is not intended to be used, and cannot be used, for the purpose of
avoiding federal tax penalties. A taxpayer may rely on professional advice
to avoid federal tax penalties only if the advice is reflected in a
comprehensive tax opinion that conforms to stringent requirements. Please
contact us if you have any questions about Circular 230 or would like to
discuss our preparation of an opinion that conforms to these IRS rules.
=======================
- To contact the list administrator, send a message to:
webmaster at wsbarppt.com
- To unsubscribe, send a new email addressed to: imail at lists.wsbarppt.com,
with the following in the body of the message: unsubscribe wsbapt - OR -
send a message to webmaster at wsbarppt.com asking that you be removed from
the wsbapt list.
Information provided on this list should not be considered legal advice.
As with all lists - let the reader beware! No warranties or
representations are made as to the accuracy of any information provided.
All opinions and comments in this message represent the views of the
author and do not necessarily have the endorsement of the Washington State
Bar Association nor its officers or agents.
=======================
- To contact the list administrator, send a message to:
webmaster at wsbarppt.com
- To unsubscribe, send a new email addressed to: imail at lists.wsbarppt.com,
with the following in the body of the message: unsubscribe wsbapt - OR -
send a message to webmaster at wsbarppt.com asking that you be removed from
the wsbapt list.
Information provided on this list should not be considered legal advice.
As with all lists - let the reader beware! No warranties or
representations are made as to the accuracy of any information provided.
All opinions and comments in this message represent the views of the
author and do not necessarily have the endorsement of the Washington State
Bar Association nor its officers or agents.
-------------- next part --------------
A non-text attachment was scrubbed...
Name: winmail.dat
Type: application/ms-tnef
Size: 25531 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20140423/c9ba81cf/winmail.dat>
More information about the WSBAPT
mailing list