[WSBAPT] First Wife (Deceased) Still on Title

Mon Feb 12 17:55:49 PST 2018

I’ll resend this chart that I use to consider whether doing a simple Lack of Probate Affidavit will work (I got it from the listserv maybe 6 months ago, and find it really helpful, although I can’t vouch for its accuracy – it’s just a guide). There are several questions you need to address – did the first wife have a Will? Were there kids of the first marriage that might potentially challenge heirs of the second marriage? What is the plan going forward for the heirs – sell the house now, or try to keep it in the family? You may also consider talking with a Title Officer to get their perspective. However, I think in the situation with a prior marriage, it would be wise to go through a double-probate (for first wife and then husband) and send notice to everyone who could potentially be an heir of the first wife to avoid any potential future challenges.

Best,
Nick

Nicholas Pleasants
James Pleasants, P.C.
2300 130th Ave NE, Suite A-101
Bellevue, WA 98005-1755
(425) 615-7070 tel.
(425) 497-0799 fax
nick at pleasantslaw.com<mailto:nick at pleasantslaw.com>
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From: James Bates [mailto:james.bates at lucelawfirm.com]
Sent: Monday, February 12, 2018 5:39 PM
To: wsbapt at lists.wsbarppt.com
Subject: Re: [WSBAPT] First Wife (Deceased) Still on Title

Did they execute a Community Property Agreement?  If not, in my opinion, a probate is necessary.  However, many use Lack of Probate Affidavits upon sale of the property with no consequence.

James Bates, Attorney
Luce & Associates, P.S.
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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 Brent Williams-Ruth
Sent: Monday, February 12, 2018 5:18 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] First Wife (Deceased) Still on Title

Good Afternoon Friends of the List!

New client calls, we have lovely chat regarding getting her set up for her estate plan.  As we are talking she tells me that her deceased husband's first wife (who died in the 1980's - exact date not known off the top of her head) is still on the title of her home. Apparently after she died, he never probated her estate and when he died, they didn't know this so the title has both her and the first wife on title.

I guess I have just one real simple question:
1) Is there a quick and easy way that I can assist her without having to open full and complete probate?

--

Brent Williams-Ruth
Founding Member

BWR Consulting, PLLC

Phone: (425) 830-5134

e-mail<mailto:brent at bwrconsults.com> / website<http://www.bwrconsults.com> / facebook<http://www.facebook.com/bwrconsults>
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