[WSBAPT] PR Deed Question

[Heather deVrieze]

You are right to be concerned.

If mom’s spouse had a Will, you might be able to probate it and have his Personal Representative transfer to mom and mom’s estate transfer to daughter.

Or, you could work with a title company to have Personal Representative execute a lack of probate affidavit as to spouse’s interest and insure the transfer to mom’s heir. I would likely tend to go this route.

You could simply record a Quit Claim Deed of the property from “Client, Personal Representative of Mom’s Estate, the surviving spouse of Predeceased Husband (date of death)” and leave any problems for later, but I expect that without addressing predeceased spouse’s interest, there is going to be an issue later regarding his interest. Cheaper and easier to clean up now than to have the heir receiving the property dealing with it later.

Heather

Heather S. de Vrieze
Attorney-at-Law
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3909 California Avenue SW
Seattle, WA 98116-3705
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www.westseattlelaw.com<http://www.westseattlelaw.com/>

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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of David Faber
Sent: Friday, February 05, 2016 2:01 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] PR Deed Question

Client is PR for mother's estate. Mother died in 2015. Mother's spouse died about 5 or 6 years ago. The couple owned a house as a marital community. After first spouse died, the mother never executed/recorded any deeding instrument transferring the real property to her name. Now, PR is trying to deed the property to one of the heirs in accordance with the terms of the Mother's will. Because the real property is/was community property, should I be concerned about first spouse's name being on title when I prepare a PR deed transferring the property out of the mother's estate? I'm just worried about there being an oddity in the title report if we never evidence what happened to first spouse's interest.

Any guidance would be much appreciated.

Best,
David J. Faber
Faber Feinson PLLC
210 Polk Street, Suite 1
Port Townsend, WA 98368
(360) 379-4110

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