[WSBAPT] Advice needed

[jeffrey winter]

Listmates,


Question of the day:  H & W enter into a pre-nup in 2004.  In 2009, H signs a warranty deed to himself and wife in order to facilitate a reverse mortgage.  In 2012, H executes his Will, which leaves his residence to his son (from previous relationship)  and the rest of his estate to his wife "except for the separate property" listed in the pre-nup (which included his residence).


H dies first, followed a year later by his wife.  A separate probate is opened for each estate.


During the course of the probates, the estates join together to sell the residence to a third party.


Q:   Do the net proceeds of the sale of the residence get split 50/50 between the estates, or is the wife's estate entitled to all of the proceeds, with H arguably having converted his separate property to community property by virtue of the 2009 deed?


Thank you in advance for your thoughts,


Jeffrey D. Winter


Law Office of Jeffrey D. Winter, P.S.

604 North Main Street

Ellensburg, WA 98926
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