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

[Mike Winslow]

Before doing anything look at the deed and talk to a title officer. The form
of the deed may allow avoidance of probate or adjudication of testacy.

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
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-----Original Message-----
From: wsbapt-bounces at lists.wsbarppt.com
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Eric Nelsen
Sent: Wednesday, August 19, 2015 10:26 AM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Deceased mother's name on deed/title to house and
sons?

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


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