[WSBAPT] House Question

[Roger Hawkes]

Don’t do deed in lieu without advice from lawyers who do that kind of
work.

 

Roger Hawkes, WSBA # 5173

19909 Ballinger Way NE

Shoreline, WA 98155

www.hawkeslawfirm.com

206 367 5000

Fax is 206 367 4005

 

From: amanda_wilson at olypenlawoffices.com
[mailto:amanda_wilson at olypenlawoffices.com] 
Sent: Wednesday, September 10, 2014 1:42 PM
To: WSBA RPPT Probate & Trust Discussion Forum
Subject: [WSBAPT] House Question

 

Hello~

 

Elderly couple married 50+ years never made an estate plan. The wife
passed away, the husband does not have capacity. The very responsible,
loving and involved daughter is trying to handle her mother's estate and
care for the father.

 

The couple had a home that was recorded "As Husband and Wife". The home is
underwater, needs to be given to the bank via a foreclosure or
deed-in-lieu... although those proceedings have not been started. There
was no will. Besides the house, the couple had personal assets no more
than $20K, if that.

 

Can the husband acquire the house outside of probate? There is no
community property agreement but the deed says, "As husband and wife". The
benefit of this would be that the daughter could just do a small estate
affidavit, and then the husband alone (or through his Agent) could hand
over the house to the bank. Also, if the estate is insolvent, the probate
cannot be non-intervention... if the banks only remedy is to take the
house, is the estate insolvent if they have no other debtors?

 

Thanks~

 

Amanda M. Wilson, esq.

 

Olympic Peninsula Law Offices, LLC

219 W Patison St.

Port Hadlock, WA 98339

 

 

(360)437-4172 office

(206)331-7851 cell phone

 

"I've learned that people will forget what you said, people will forget
what you did, but people will never forget how you made them feel." ~ Maya
Angelou

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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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