[WSBAPT] [SPAM] Transferring home to surviving spouse

Mon Mar 31 15:13:38 PDT 2014

That was all very well stated, and from my Title Insurance perspective I
agree with you.

I have seen deeds taken as “John Doe and Jane Doe, Husband and Wife, as
Joint Tenants with Right of Survivorship” fairly often.  The genesis is
almost always a California lender involved in financing the purchase,
using a California based escrow/title company who doesn’t understand that
this is not common Washington practice.  (And who also does not understand
various other niceties of Washington practice.)

John McCrady

Counsel

Puget Sound Title Company

5350 Orchard Street West

University Place WA 98466

253-476-5721

From: wsbapt-owner at lists.wsbarppt.com
[mailto:wsbapt-owner at lists.wsbarppt.com] On Behalf Of Mike Winslow
Sent: Monday, March 31, 2014 2:18 PM
To: wsbapt at lists.wsbarppt.com
Subject: RE: [WSBAPT] [SPAM] Transferring home to surviving spouse

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
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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 

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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? 

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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 

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