[WSBAPT] House co-owner dies intestate

Wed Aug 17 08:45:12 PDT 2016

I expect a lack of probate affidavit is what the title company would require along with the TEDRA agreement to vest in the surviving owner.

Heather

Heather S. de Vrieze
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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of MK Henderson
Sent: Tuesday, August 16, 2016 5:51 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] House co-owner dies intestate

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<mailto: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
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From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto: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<tel:206-325-2801%2C%20ext.%20104>
www.lisaschuchman.com<http://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.

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From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto: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<mailto: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<tel:206-325-2801%2C%20ext.%20104>
www.lisaschuchman.com<http://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> [mailto: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<tel:206-325-2801%2C%20ext.%20104>
www.lisaschuchman.com<http://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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