[WSBAPT] Deed transfer or house sale after another death

[John Creahan]

Steve,
See RCW 11.98.039 regarding a nonjudicial change in trustee.
I don't know if it is relevant, but your facts are confusing about who will receive funds. It sounds like the surviving spouse's children will receive house proceeds if house is sold during her life, but not if she owns the house at death. Is that right?
John

John Creahan
206-621-5848
www.cairn-law.com<http://www.cairn-law.com/>


From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Steve Waltar
Sent: Thursday, June 30, 2016 1:13 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Deed transfer or house sale after another death

Facts: Probate completed years ago.  One asset remains in testamentary trust - decedent's one half interest in home.  Once surviving spouse sells home, decedent's children receive their share.  Or, upon death of surviving spouse then husband (first to die) - his children shall receive his share.
Question: Who will be able to act as the Trustee or successor PR to be able to sell house upon the second death?
Should I re-open probate to appoint a successor trustee?
Should I wait until surviving spouse dies - then re-open probate to appoint a successor personal representative & successor trustee?

Stephen M. Waltar, PS
Estate Planning Law
1750 - 112th Avenue NE, Suite C245
Bellevue, WA  98004
(425) 455-6788
www.waltar.com<http://www.waltar.com/>

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