[WSBAPT] Separate Property of deceased spouse/minor

[Krista MacLaren]

Listmates,

Decedent H died without a will.  W and 5 y.o. child survive.   No prior marriages or other children for either spouse.  The house they live(d) in was decedent’s separate property, and there is a mortgage on it in H’s name.  I am wondering several things: 1)  Does GAL have to be appointed for minor child when child’s mother will serve as PR? 2) If W wants to remain in the house, what is her best course of action?  She works, but I don’t know if she would independently qualify for mortgage.  Should she first see if she could obtain a loan to finance the house herself, and if she can't, just try to keep making payments without notifying loan company?  And what would be appropriate as to the deed from the estate?  Can she deed house to herself a) when the loan is not in her name, and b) when minor child is entitled to a share of decedent’s estate (there may be other assets to pay share to minor child).  3) Can share for minor child be placed in an UTMA or must a guardianship be set up?  4) Would family support claim change any of this?

Since other assets are POD accounts, it may not be necessary to have a probate at all if she is just continuing to pay mortgage without transferring ownership, but that doesn’t seem very secure for her.

I appreciate any guidance.

Thank you,

Krista

Krista J. MacLaren
Attorney at Law
Northgate Executive Center II
9725 3rd Ave NE, Suite 600
Seattle, WA 98115
(206)523-6116
kjm.inc at mac.com <mailto:kjm.inc at mac.com>

Please note, as with most email providers, Mac does not encrypt email messages.  Accordingly, the confidentiality of messages sent to this address cannot be assured.  This e-mail is intended for viewing only by the individual or entity to whom its content is addressed, and it may contain confidential or privileged information.  If you received this email in error, please honor the privacy of the intended recipient: reply to the sender regarding the error and delete the message. 
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20160809/d8ed17b7/attachment.html>