[WSBAPT] PR Deed Question

[Mike Winslow]

In these situations I prepare an Affidavit of Community property that PR signs in the stead of Mom, to confirm her survivorship of Dad and her right to take as community property. I use a revised version of the DOR form I have mentioned in posts previously. At least in Skagit county this passes unquestioned through the county system and keeps the title companies happy. My practice is to attach a copy of the Death Certificate with the SSN redacted. Title companies appreciate this approach.
Using the DOR form avoids questions from the Treasure about collecting double excise tax on the sale.
 
 
Michael A. Winslow
1204 Cleveland Ave.
Mount Vernon, WA 98273
Ph. 360-336-3321
Em. Mike at winslegal.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
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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