FW: [WSBAPT] Split of Ownership of Real Estate

Wed Apr 23 07:25:14 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

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As with all lists - let the reader beware! No warranties or
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author and do not necessarily have the endorsement of the Washington State
Bar Association nor its officers or agents. 

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