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

[Linda Nguyen]

Thank you very much for all the input.

Best,

Linda Nguyen
Burchett Law Firm
2041 9th Avenue
Longview, WA 98632
--------------------------------------------
On Wed, 8/19/15, Mike Winslow <mike at winslegal.com> wrote:

 Subject: Re: [WSBAPT] Deceased mother's name on deed/title to house and sons?
 To: "'WSBA Probate & Trust Listserv'" <wsbapt at lists.wsbarppt.com>
 Date: Wednesday, August 19, 2015, 11:08 AM
 
 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
 not use it
 for any improper purpose. Huge Disclaimer available upon
 request.
 
 -----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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