[WSBAPT] Probate or no probate

[John McCrady]

I agree; this is a classic "lack of probate situation.  The procedure Michael sets forth would be entirely appropriate in the eyes of a Title Company.

John McCrady
Counsel
Puget Sound Title Company
5350 Orchard Street West
University Place WA 98466
253-476-5721

-----Original Message-----
From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Mike Winslow
Sent: Thursday, June 16, 2016 6:58 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Probate or no probate

The property is community. The survivor owns it (subject  only to a LWT which makes other disposition by the deceased spouse). No will with alternate disposition=No probate is required. See RCW 11.04.250.
Our resident title counsel, John McGrady,  will back this.

The survivor can deed direct  100% to the trust.
I recommend that a lack of probate affidavit (using new DOR Form) and attachment of Death Cert with SSN redacted be recorded.  Some counties will also require a REETA to process this. 
Select form from this page.
http://dor.wa.gov/content/getaformorpublication/formbysubject/forms_reet.asp
x
Real Estate Excise Tax Lack of Probate

See also
http://app.leg.wa.gov/RCW/default.aspx?cite=82.45.197


Michael A. Winslow
1204 Cleveland Ave.
Mount Vernon, WA 98273
Ph. 360-336-3321
Em. Mike at winslegal.com

This message is from an attorney, so it's confidential. If you are not the
intended recipient, it's too late to stop reading this message, but you may
not use it for any improper purpose. Huge Disclaimer available upon request.

-----Original Message-----
From: wsbapt-bounces at lists.wsbarppt.com
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Jennifer Sohn
Sent: Thursday, June 16, 2016 5:42 PM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Probate or no probate

Hi, there is a situation where H & W held real property as "husband and
wife". W passes away and H wants to transfer 100% interest in the real
property into a trust. W did not leave a Will. I assume we would need to go
through probate to transfer 50% interest in the real property to H first,
before H can make the transfer of 100% interest. Correct?

Thanks,

Jennifer Sohn
206-617-7874

_______________________________________________
WSBAPT mailing list
WSBAPT at lists.wsbarppt.com
http://mailman.fsr.com/mailman/listinfo/wsbapt


_______________________________________________
WSBAPT mailing list
WSBAPT at lists.wsbarppt.com
http://mailman.fsr.com/mailman/listinfo/wsbapt