[WSBAPT] Separate Real Property Commingled?

[Christopher Small]

Looking for some thoughts on this situation:

   - A dies married to B for a little over a year, intestate. A has a son.
   - Before marrying B, A bought some real estate.
   - A and B live on said real estate during their marriage.
   - Real estate has a note on it.
   - Note is paid using commingled funds during the year of marriage.
   - Little else in the estate other than the real estate.

First, I believe the mortgage payments don't change the character of the
property from separate to community in any respect.

Second, I believe, if spouse and son can agree to sell the property and
they can find a title company to agree, they could dispose of the home via
Lack of Probate Affidavit.

My first question is, do you agree or disagree?

My second question is, do you see any glaring problems?

My third, and final question is, assume a wrinkle, that there are debts
that can be paid with the proceeds of the sale of the home but nothing else
(i.e. there is no other cash available); does this eliminate the ability to
execute a Lack of Probate Affidavit? (I would think it does not as
creditor's would be able to pursue the heirs no matter the character of the
property distributed).

Thank you, and Happy New Year!

Cheers,

Christopher Small
CMS Law Firm LLC <http://cmslawfirm.com>
150 Lake St., Suite 227
Kirkland, WA 98033
206.659.1512
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