[WSBAPT] Estate Planning and Ex-spouse's name on deed

[Donna Calf Robe]

Thank you John and Kerry.  That is helpful information.

Donna

Donna M. Calf Robe
Attorney at Law
Brothers Henderson Dussault, P.S.
2722 Eastlake Avenue East, Suite 200
Seattle, Washington 98102
Phone: (206) 324-4300 x113
Fax: (206) 324-3106
e-mail:  donnac at bhdlaw.com<mailto:donnac at bhdlaw.com>
www.bhdlaw.com<http://www.bhdlaw.com/>
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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Kerry Richards
Sent: Monday, August 07, 2017 3:48 PM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Estate Planning and Ex-spouse's name on deed

Dear Donna:
There are multiple cases that reflect a Decree of Dissolution that divides property is effective to do just that. Eric Nelsen previously cited us to In re Marriage of Kowalewski 163 Wn. 2d 542, 548(2008), United Benefit Life Ins. Co. v. Price 46 Wn 2d 587 (1984). As cited in Price "The decree operates not only to vest in the spouse designated the property awarded to him or her, but to divest the other spouse of all interest in the property so awarded, except as the decree may otherwise designate."
The assessor's office is not necessarily the proper place to discover title.
I hope this assists you.

Yours truly,

Kerry A. Richards
_____________________
Bradshaw & Richards, P.S.
11300 Roosevelt Way NE, Suite 300
Seattle, WA 98125
Phone: (206) 622-3444
Fax:  (206) 363-8067
Email: KRichards at brad-rich-law.com<mailto:KRichards at brad-rich-law.com>
Web: www.brad-rich-law.com<http://www.brad-rich-law.com/>

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From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Donna Calf Robe
Sent: Monday, August 07, 2017 2:38 PM
To: WSBA Probate & Trust Listserv
Subject: [WSBAPT] Estate Planning and Ex-spouse's name on deed

List Mates:
I have an estate planning client (ex-wife) who has been divorced for 33 years.  The divorce decree awarded her the house in the divorce subject to a $4K equitable lien awarded to ex-husband payable within 4 years of decree.  Ex-Wife paid Ex-Husband the $4K and his attorney filed a Satisfaction of Judgment.  However a deed transferring the house to ex-wife was never exchanged and husband is still listed as an owner on the assessor website. Ex-Wife wants to clean up title as part of her estate planning so she doesn't leave a mess for her PR.  The simple solution would be to have ex-husband sign a quit claim deed to clear the title.  However, ex-husband has attempted to cause several problems for Ex-wife since the divorce through their son who is developmentally disabled and under guardianship.  Ex-wife is guardian.  She would like to avoid as much contact as possible with Ex-husband, who was abusive.

Any recommendations on how to clear title without involving the ex-husband?
Thank you,

Donna

Donna M. Calf Robe
Attorney at Law
Brothers Henderson Dussault, P.S.
2722 Eastlake Avenue East, Suite 200
Seattle, Washington 98102
Phone: (206) 324-4300 x113
Fax: (206) 324-3106
e-mail:  donnac at bhdlaw.com<mailto:donnac at bhdlaw.com>
www.bhdlaw.com<http://www.bhdlaw.com/>
[cid:image001.jpg at 01D22897.26241F80]
The information transmitted in this e-mail message and attachments is attorney-client information, is privileged or confidential material and is intended only for the use of the individual or entity named above. You are hereby notified that any disclosure, copying, distribution, review by or taking of any action in reliance on the contents of this e-mail information by unauthorized persons is strictly prohibited. All personal messages are solely the views of the sender and are not to be attributed to Brothers Henderson Dussault. If you have received this transmission in error, immediately notify the sender by reply e-mail and permanently delete this transmission and all copies including attachments.

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