[WSBAPT] Deceased mother's name on deed/title to house and sons?

[Eric Nelsen]

Since there is no surviving spouse, I think there needs to be a court determination of who gets the house. Since there is a Will, probably could do it as an adjudication of testacy under RCW 11.28.330-.340.
http://app.leg.wa.gov/rcw/default.aspx?cite=11.28&full=true#11.28.330

But given the recent and ongoing problems with Dept of Revenue concerning inheritance exemption from RE Excise Tax these days, it might still be better to do the probate and issue a deed to transfer to the beneficiaries. I don't know how DOR reacts to adjudication of testacy--if they accept that as valid transfer of inheritance interest in real property without need for a deed and REET Affidavit showing the exemption. If DOR is still insistent on a deed transferring from decedent to heirs, the client might have a problem with title if/when they sell, unless they do a probate.

Sincerely,

Eric

Eric C. Nelsen
SAYRE LAW OFFICES, PLLC
1320 University St
Seattle WA  98101-2837
phone 206-625-0092
fax 206-625-9040




-----Original Message-----
From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Linda Nguyen
Sent: Wednesday, August 19, 2015 9:38 AM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Deceased mother's name on deed/title to house and sons?

I have client whose mom's just passed and all he wants to do is to remove his mother from the deed/title to the house.  There are 3 names on the title/deed to the house: my client's name, his brother, and his mother.  There is a valid will and my client is named executor.  His main goal is just to remove mother's name from title/deed to the house.

He is also trying to avoid probate if possible.  My understanding is I need to found out what type of deed it is and we can possibly proceed without probate if it was a "joint tenant" type deed.  Other than that and since there was no trust, than I believe we must probate and obtain letters of testamentary in order to remove mother's name to the deed?

Comments or suggestions would be much appreciated.

Thanks,

Linda


_______________________________________________
WSBAPT mailing list
WSBAPT at lists.wsbarppt.com
http://mailman.fsr.com/mailman/listinfo/wsbapt