[WSBAPT] House co-owner dies intestate

Tue Aug 16 17:50:54 PDT 2016

Then is the person allowed to transfer to himself per the TEDRA? Transfer
is allowed according to a court order, TEDRA acts like a court order. In
the TEDRA recital set out client may transfer deceased person's share to
self per agreement? Possibly recite inheritance thus avoiding transfer
taxes.

On Tue, Aug 16, 2016 at 5:06 PM, Eric Nelsen <Eric at sayrelawoffices.com>
wrote:

> I think that's only viable if you can get everyone to sign. If you have
> even one holdout, you need a probate.
>
>
>
> Sincerely,
>
>
>
> Eric
>
>
>
> Eric C. Nelsen
>
> SAYRE LAW OFFICES, PLLC
>
> 1417 31st Ave South
>
> Seattle WA  98144-3909
>
> phone 206-625-0092
>
> fax 206-625-9040
>
>
>
> *Please Note that We Have Moved.* We have moved our Seattle office to
> Mount Baker Ridge (a small commercial community just above the I-90
> tunnel). *Our new address is 1417 31st Avenue South, Seattle WA 98144. *All
> other contact information remains the same.
>
>
>
> *From:* wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.
> wsbarppt.com] *On Behalf Of *Lisa Schuchman
> *Sent:* Tuesday, August 16, 2016 4:41 PM
>
> *To:* WSBA Probate & Trust Listserv
> *Subject:* Re: [WSBAPT] House co-owner dies intestate
>
>
>
> I’m trying to avoid opening a probate – I am hoping it isn’t necessary and
> we can go directly to the TEDRA.
>
>
>
> Lisa E. Schuchman
> 206-325-2801, ext. 104
> www.lisaschuchman.com
>
> Do something for somebody every day for which you do not get paid. –Albert
> Schweitzer
>
>
>
> NOTE: I do not use encrypted email.  Messages sent to or from my office
> via email are not secure and may not be protected by attorney-client
> privilege. This email address is not monitored at all times.  If your
> matter is urgent, please phone my office during regular business hours.
>
>
>
> Any tax advice included in this document and its attachments was not
> intended or written to be used, and it cannot be used, for the purpose of
> avoiding penalties under the Internal Revenue Code.
>
> P  *Please consider the trees before printing this document*
>
>
>
> *From:* wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.
> wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com>] *On Behalf Of *MK
> Henderson
> *Sent:* Tuesday, August 16, 2016 4:22 PM
> *To:* WSBA Probate & Trust Listserv
> *Subject:* Re: [WSBAPT] House co-owner dies intestate
>
>
>
> I think following along with Eric's suggestion, you have your client
> appointed PR, sign off on agreement re: TEDRA, PR files deed as PR for the
> estate grantor to PR as self grantee and in accordance with TEDRA
> agreement.  Close estate.
>
>
>
> On Tue, Aug 16, 2016 at 4:05 PM, Lisa Schuchman <lisa at lisaschuchman.com>
> wrote:
>
> Hi, again,
>
>
>
> Yesterday I met with the clients described below.  They think that getting
> a signed agreement is very possible.  The next step is to figure out the
> step in between a TEDRA order (that the property belongs to the son) and an
> actual clearing of title.  What would the order have to include to convince
> a title company to clear title to the co-owner son?  I appreciate your
> thoughts.
>
>
>
> Lisa E. Schuchman
> 206-325-2801, ext. 104
> www.lisaschuchman.com
>
> Do something for somebody every day for which you do not get paid. –Albert
> Schweitzer
>
>
>
> NOTE: I do not use encrypted email.  Messages sent to or from my office
> via email are not secure and may not be protected by attorney-client
> privilege. This email address is not monitored at all times.  If your
> matter is urgent, please phone my office during regular business hours.
>
>
>
> Any tax advice included in this document and its attachments was not
> intended or written to be used, and it cannot be used, for the purpose of
> avoiding penalties under the Internal Revenue Code.
>
> P  *Please consider the trees before printing this document*
>
>
>
> *From:* wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.
> wsbarppt.com] *On Behalf Of *Lisa Schuchman
> *Sent:* Monday, August 15, 2016 11:16 AM
> *To:* WSBA Probate & Trust Listserv
> *Subject:* [WSBAPT] House co-owner dies intestate
>
>
>
> In 1999 X bought a house with his son as TIC.  The deed specifies that X’s
> share is his separate property.  The son lives in the house and has paid
> all mortgage payments, taxes, etc.
>
> In 2001 X died intestate.  He left 10 adult children and his wife, who is
> not their mother.  No probate.
>
> In 2016, the co-owner son wants to refinance his mortgage and needs to
> clear title.
>
> Most of his siblings are available and would agree that the house is his.
> One sibling is non-responsive/refusing/reluctant.  Another sibling is in
> another country and not reachable (so far).
>
> I believe that if the siblings and the wife all agree we could do a TEDRA
> agreement.  If they don’t all sign on, what???  I’m thinking a quiet
> title?  Help?
>
>
>
> Lisa E. Schuchman
> 206-325-2801, ext. 104
> www.lisaschuchman.com
>
> Do something for somebody every day for which you do not get paid. –Albert
> Schweitzer
>
>
>
> NOTE: I do not use encrypted email.  Messages sent to or from my office
> via email are not secure and may not be protected by attorney-client
> privilege. This email address is not monitored at all times.  If your
> matter is urgent, please phone my office during regular business hours.
>
>
>
> Any tax advice included in this document and its attachments was not
> intended or written to be used, and it cannot be used, for the purpose of
> avoiding penalties under the Internal Revenue Code.
>
> P  *Please consider the trees before printing this document*
>
>
>
>
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>
> --
>
> Mary K. Henderson
>
> Henderson Law Office PLLC
> 1123 Maple Ave SW, Suite 225
>
> Renton, WA 98057
>
> 206-650-2472
>
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-- 
Mary K. Henderson
Henderson Law Office PLLC
1123 Maple Ave SW, Suite 225
Renton, WA 98057
206-650-2472
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