[WSBAPT] [SPAM] Transferring home to surviving spouse

Mon Mar 31 14:17:35 PDT 2014

The problem with going the death certificate route is that it does not
address dealing with the property down the road when second spouse dies,
nor does it address the fact that sooner or later a title company will
want to see either a probate or a form of lack of probate affidavit (such
as an affidavit of Community Property, using the DOR name for the Lack of
Probate Affidavit, when signed by a surviving spouse).

When first spouse dies, the survivor can do nothing, which usually has no
adverse effect on their right to live in the property, pay the mortgage
and pay taxes and insurance. A death certificate will solve any concerns
raised by the county treasurer, insurance companies or lenders.

If the survivor does nothing, then when they die, the question is raised
whether to do a form of lack of probate affidavit, adjudication of testacy
or formal probate of the rights of the spouse that died first. Many on
this list have recently discussed doing a dual probate of both H and W.
While a dual probate is possible, for purposes of clearing title to RP, I
think that is unnecessary, based on 30 years of handling these matters. If
the Affidavit of Community property is executed by the survivor
immediately after death of the first spouse, then this issue goes away 99
percent of the time if the property was acquired as H and W, on the deed.
No probate of the first spouse to die is required. Title issues are
clearly resolved as far as title insurers are concerned by use of this
affidavit.

In cases where the survivor did nothing upon the death of the first spouse
to die, and if there was no Community Property Agreement, I have still
successfully used an Affidavit of Community Property (signed by the PR of
the second spouse to die) as a title clearing device if the title to the
RP was taken as H and W. This passes muster with the DOR and with the
title companies. But, I think the better practice is to have the surviving
spouse execute the Aff. Of CP right after the first spouse dies, just to
leave things tidy when the second death occurs.

If there is a Community Property Agreement, then record it and be done
with the title issue. Creditor issues is a separate matter.
If the title was truly JTWROS, then the recording a redacted Death
Certificate will do, but a lack of Probate affidavit would also serve the
same purpose.
If the property was held as Tenants in Common, then a probate may be
required.
Highly unlikely property is held as “Joint Tenants” (without any further
designation) in Washington, unless this was some form of do-it-yourself
deed.

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 ROBERT MILLSAP
Sent: Monday, March 31, 2014 1:41 PM
To: wsbapt at lists.wsbarppt.com
Subject: RE: [WSBAPT] [SPAM] Transferring home to surviving spouse

My understanding is similar to Amy’s.  A death certificate is all that a
title company would need from my understanding.  They have access to that.
When would the creditor problem be solved?  If the debt is just the
decedent’s, I think it would be two years but I am not sure.  If it is the
survivior’s debt, it would just continue.

This is where it is nice to have a title insurance officer to call on the
transfer issue and maybe even the creditor issue.

ROBERT MILLSAP
MILLSAP LAW FIRM, P.S.
7016 35TH AVE NE
SEATTLE, WA 98115
206-583-2740

From: wsbapt-owner at lists.wsbarppt.com
[mailto:wsbapt-owner at lists.wsbarppt.com] On Behalf Of Lewis, Amy C.
Sent: Monday, March 31, 2014 1:10 PM
To: wsbapt at lists.wsbarppt.com
Subject: RE: [WSBAPT] [SPAM] Transferring home to surviving spouse

If the residence is really tiled JTWROS (which is actually pretty unusual
in WA – more often simply “husband and wife”), then can’t you simply
record a death certificate to remove the name of the deceased spouse?  As
others noted this doesn’t address creditors.

Amy C. Lewis, Attorney

ESTATE PLANNING & PROBATE
1200 Wells Fargo Plaza | 1201 Pacific Avenue | Tacoma, WA 98402
phone 253.572.4500 | fax 253.272.5732 |  <http://www.eisenhowerlaw.com/>
www.eisenhowerlaw.com

From: wsbapt-owner at lists.wsbarppt.com
[mailto:wsbapt-owner at lists.wsbarppt.com] On Behalf Of Ralph Maimon
Sent: Monday, March 31, 2014 1:05 PM
To: wsbapt at lists.wsbarppt.com
Subject: RE: [WSBAPT] [SPAM] Transferring home to surviving spouse

Yes.  Wife is PR and no probate if it can be avoided. 

Ralph Maimon 
Law Office of Ralph Maimon, P.S. 
2825 Eastlake Avenue East
Suite 120
Seattle, WA 98102
Tel: (206) 323-0911
Fax: (206) 462-1505  (New Fax Number)
rmaimon at maimonlaw.com

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.

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.

  _____  

From: wsbapt-owner at lists.wsbarppt.com
[mailto:wsbapt-owner at lists.wsbarppt.com] On Behalf Of Roger Hawkes
Sent: Monday, March 31, 2014 11:56 AM
To: wsbapt at lists.wsbarppt.com
Subject: RE: [WSBAPT] [SPAM] Transferring home to surviving spouse
Do you mean spouse is named PR but no Probate is commenced?

NOTICE:  The information contained in this email may be confidential
and/or legally privileged.  It has been sent for the sole use of the
intended recipient(s).  If the reader of this message is not an intended
recipient, you are hereby notified that any unauthorized review, use,
disclosure, dissemination, distribution or copying of this communication,
or any of its contents, is strictly prohibited.  If you have received this
communication in error, please contact the sender by reply email and
destroy all copies of the original message.

Roger Hawkes, Attorney, WSBA # 5173 
Hawkes Law Firm P.S.
206 367 5000 or roger at law-hawks.com
19909 Ballinger Way NE
Shoreline, WA 98155
www.hawkeslawcenter.com
<http://cp.mcafee.com/d/5fHCN8q4xEgdEICzBNcQsFFLFCXCQrIILcnvojdETppuoK-qek
jqdSmnCbLIcCQrIILcnshhdNlSiJo0FnpaRwvFzBPqKOlH0_j7bCZd7eA3hOOO_R-7eefIe6zD
HTbEIIIYyztNd4s_ORQX8FGTspVkffGhBrwqrhdLCXCXCM0hfj1nW7WoJY9_7BYdCa4dmCnGox
YgkvaAWsoEgSaOQ-ndFECzBNAS2NF8Qg6BI1hwp40I2jiWq83h0qmNwb20Sqnjh0q80j7okt-c
pg8Cy0DlnPh1eFEwET4P8Pa14QgkmGTjPrVEVdDUb0> 

From: wsbapt-owner at lists.wsbarppt.com
[mailto:wsbapt-owner at lists.wsbarppt.com] On Behalf Of Ashley Raymond
Sent: Monday, March 31, 2014 8:45 AM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] [SPAM] Transferring home to surviving spouse

Client is PR for his deceased wife's estate. Estate is very simple, all we
need to do is transfer the home held in JTWROS into surviving spouse's
name. Is the process for this by lack of probate affidavit and then
drafting a new deed? Am I missing anything here?
Thanks,
Ashley

Ashley Raymond, J.D., LL.M.
Ashley Raymond, PLLC
651 Strander Blvd., Ste. 215
Tukwila, WA 98188
Ph: 425-496-7495 | Fax: 425-523-3984
ashley at ashleyraymondlaw.com
Website
<http://cp.mcafee.com/d/k-Kr3zqb9EVsjd7aqrWpKVJ6XbbP5TS4PqdSmnCbLCzB4SztBB
VyXX39J6XbbP5T4kjsltAHm0alSiJo7WoVsSHIBqMfQNOVLjhPF0QsIILZvxPzzX3xEVWZOWbb
bf8ETsjh7fYJteOaqJT6ul3PWApmU6CQPrVKVKVI07J2p_BEWmlH10_j7bCP526HjbRcg-8afB
iteck8r5pqvbCQQjhOUOr1oQAq83iS0EMcy0m19Ftd41EwdboM5x0rdbFEwd409zIae_6cE4jh
0jGHVEwDkQgkrypApB0yq8ablrFVJYQsCSQ55w2FhmUrF>  | Facebook
<http://cp.mcafee.com/d/avndy0w76QmjhOUCqekQTQPtPqdSmnCbLI9CQrIILcnvd7a9J6
XbbP5TS6jqdSmnCbK8ECUGX9mI0kHIBqMfQNOVJnpaRwvFzBPuCzDi1EVppvW_3D77S73hPRXB
QmmmuhhKUCyevVqWtAkRrKcYG7DR8OJMddICTPtPtPo0dTrugHkHO-rgCvVqeBBqMgfQMrck8q
JcLkN3UwE-l9QUNgxIlBFYKrjhd7bz9I5zihEwdbo2z0O81o4CBQQg6y0QJz0m41IQKCy0Qg0C
eMEXYoOwhd41eGLCy2tjh1hK9ChCk29EwEJlKDCTPhOrtwtf>  | Linkedin
<http://cp.mcafee.com/d/avndxNJ5AQsK9CzBddZcTsSztBBVyXX2pJ6XbbP5TPhOyrhKOO
YNtZxASztBBVyXya9KaKOlH05aX9mI3ZcsKrlSiJo7WoVsTFEVQwqemmn-LMVNNZxMQsZuVt5B
BDAkrK9EzD-mKDp5dmXzfaxVZicHs3jr1JYTsTsS03fB0HW4EsLAEpJ2p_BECP526HjbRcg-8a
fBiteck8r5pqvbCQQjhOUOr1oQAq83iS0EMcy0m19Ftd41EwdboM5x0rdbFEwd409zIae_6cE4
jh0jGHVEwDkQgkrypApB0yq8ablrFVJYQsCWE9ylQmE0m1D>  | Avvo
<http://cp.mcafee.com/d/2DRPos81MArhpd7bypEVjjvjdTdETppuoK-MCrhKOOYNtYQsEC
QrIILcnvopdETppuoKUyyryHIBqM1iKOlH0_j7bCRtAHm1-CendWqet86zBBB_HYessvosd7fn
KnhpppV56Xyq8V_BHFShjlKUPOEuvkzaT0QS-rvdTdTdw0JcCqYLCPDmcfbkMQsL8Lf5P6BZEj
fYInzFpmI42Wb328UsVMedCa4dmCnGoxYgkvaAWsoEgSaOQ-ndFECzBNAS2NF8Qg6BI1hwp40I
2jiWq83h0qmNwb20Sqnjh0q80j7okt-cpg8Cy0DlnPh1eFEwET4P8Pa14QgkmGTjPrVEVdSgCi
ps6v> 

CONFIDENTIALITY NOTICE: Do not read this Email (or any attachments) if you
are not the intended recipient. This Email (and any attachments) may
contain confidential, privileged information. The disclosure, copying,
distribution or any of the information contained in or attached to this
Email by anyone other than the intended recipient is strictly prohibited.
If you have received this Email in error, please contact the sender and
delete and destroy any hard or soft copies. Thank you.

IRS CIRCULAR 230: Unless expressly stated otherwise in this communication,
this advice is not intended to be used, and cannot be used, for the
purpose of avoiding federal tax penalties. 
=======================
- 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. 
=======================
- 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. 

IMPORTANT/CONFIDENTIAL: This e-mail message (and any attachments
accompanying it) may contain confidential information, including
information protected by attorney-client privilege. The information is
intended only for the use of the intended recipient(s). Delivery of this
message to anyone other than the intended recipient(s) is not intended to
waive any privilege or otherwise detract from the confidentiality of the
message. If you are not the intended recipient, or if this message has
been addressed to you in error, do not read, disclose, reproduce,
distribute, disseminate or otherwise use this transmission. Rather, please
promptly notify the sender by reply e-mail, and then destroy all copies of
the message and its attachments, if any.

IRS Circular 230 Disclaimer: To ensure compliance with requirements
imposed by the IRS, we inform you that to the extent this communication
contains advice relating to a federal tax issue, it is not intended or
written to be used, and it may not be used, for (i) the purpose of
avoiding any penalties that may be imposed on you or any other person or
entity under the Internal Revenue Code or (ii) promoting or marketing to
another party any transaction or matter addressed herein.

  _____  

This email has been scanned for email related threats and delivered safely
by Mimecast.
For more information please visit http://www.mimecast.com 
  _____  

=======================
- 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. 
=======================

- 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: 37408 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20140331/5941cb29/winmail.dat>