[WSBAPT] Getting deceased husband off the deed

[Marcus Fry]

A cheaper route is to prepare an affidavit of surviving spouse (here is the new DOR form) http://dor.wa.gov/docs/forms/realestexcstx/realestateaffidavitsurvspousedomesticpart.pdf

Prepare a QCD that wife signs in her capacity and as surviving spouse of H.

Additionally, county auditor/treasurer has no right to determine the legal effect of a transfer.

Marcus J. Fry
Lyon, Weigand & Gustafson, P.S.

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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Jeff Davis
Sent: Tuesday, July 19, 2016 2:29 PM
To: 'WSBA Probate & Trust Listserv'
Subject: Re: [WSBAPT] Getting deceased husband off the deed

You should open a probate appointing wife PR and on the same day after appointment record a personal representative deed transferring decedent’s interest to her.  The probate can then be closed.

Jeff Davis

From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Christopher Small
Sent: Tuesday, July 19, 2016 2:21 PM
To: WSBA Probate & Trust Listserv
Subject: [WSBAPT] Getting deceased husband off the deed

Have a question to what is likely a common problem, I just haven't dealt with it yet.

Husband and wife own property. Husband dies with no will and no other assets.

Years later wife is trying to transfer property to son and county won't allow it because husband is still on the deed.

I'm getting a copy of the deed to make sure the property wasn't held in an unusual way, but assuming the property was held jointly as it normally is in the state, any ideas on how to get husband off the title?

Thank you for your help.

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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