[WSBAPT] Can we avoid probate?

[Eric Nelsen]

I think probate is simplest solution in this case, because you have two problems that both must be addressed: authority to convey, and disposition of the proceeds to the proper heirs. If the children were adults, you might have been able to get away without a probate were the title company cooperative and had enough time passed since the death of the wife. In that case, the husband and children all could have signed affidavits of no-probate and/or entered into a separate agreement on disposition of proceeds and worked together to sell the property.

Here, though, the minors' interests must be legally protected, either by putting the proceeds into UTMA accounts or making some other arrangement that no bank is going to agree to without a court order. So, best to simply start the probate.

Sincerely,

Eric

Eric C. Nelsen
SAYRE LAW OFFICES, PLLC
1417 31st Ave South
Seattle WA  98144-3909
phone 206-625-0092
fax 206-625-9040

Please Note that We Have Moved. We have moved our Seattle office to Mount Baker Ridge (a small commercial community just above the I-90 tunnel). Our new address is 1417 31st Avenue South, Seattle WA 98144. All other contact information remains the same.

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Jenna Brozik
Sent: Friday, June 23, 2017 10:20 AM
To: WSBA Probate & Trust Listserv
Subject: [WSBAPT] Can we avoid probate?

Here is the scenario:

Husband and wife have two minor children.  Wife owns a home that is in her name only.  It is separate property.  The wife dies.
Now the husband wants to sell the home without going through probate.
Wife did not have a will.
Accordingly, the house goes 1/2 to the husband and 1/2 to the children but children are minors.
How do we clear title? Must the estate go through probate to get the house transferred into the husband's name so he can sell it?  And do the proceeds go 1/2 into a trust for the children?

Thanks in advance,
Jenna Brozik
Attorney at Law
Prinz & Brozik PLLC
445 S Grand Ave
Pullman, WA 99163
(509)338-0908 / (509) 338-3527 (fax)
jennaprinzlaw at gmail.com<mailto:jennaprinzlaw at gmail.com>

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