[WSBAPT] Probate or no probate

[Mike Winslow]

Usually the title companies will take an indemnity agreement if there are
concerns about creditor's claims. I have never been refused title coverage
in these situations. Much less expensive than doing a probate.

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 Rob Wilson-Hoss
Sent: Friday, June 17, 2016 8:41 AM
To: 'WSBA Probate & Trust Listserv'
Subject: Re: [WSBAPT] Probate or no probate

The problem with 11.04.250 is that the vesting is subject to costs of
administration (none here), family allowance (if a probate is filed that
still won't be a problem), liens, and debts of decedent. So without formal
action, you may have trouble with a title officer, unless it has been two
years since date of death. You may get by with a non-probate affidavit. 

Robert D. Wilson-Hoss
Hoss & Wilson-Hoss, LLP
236 West Birch Street
Shelton, WA 98584
360 426-2999
www.hossandwilson-hoss.com
rob at hctc.com

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-----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'
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

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