[WSBAPT] First Wife (Deceased) Still on Title

Mon Feb 12 18:40:32 PST 2018

She DID have one heir, her husband, now deceased and represented by your client, as his PR. Both probates could be “open & shut”. Appoint your client. She signs a PR deed from deceased wife to her now deceased husband, represented by herself as PR. Then her Deed from his estate to herself as sole owner.
Jane Bitz

Jane G Bitz
Of Counsel
Wolff, Hislop & Crockett, PLLC
12209 E Mission, Suite 5
Spokane Valley WA 99206-4824
(509) 927-9700; FAX (509) 777-1800
jbitz at whc-attorneys.com<mailto:jane at jbitzlaw.com>

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Brent Williams-Ruth
Sent: Monday, February 12, 2018 6:15 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] First Wife (Deceased) Still on Title

Thank you. I appreciate the guide. That is generally what I was thinking. But considering that the surviving spouse is now dead. Long dead. Probate completed. I am stuck in the practicality of this situation.

To add further clarification - there were no children between the first wife and the husband.  When she died, it was entirely community property that was left the husband.  He moves on with life and meets Wife-2, they marry and have no kids. Husband now dies. Wife-2 hires an attorney to probate the estate. Probate is completed, Wife-2's name added to title. Wife-2 goes to get a loan just recently to help with the cost of being elderly in Seattle. Loan officer (likely title company) advises that Wife-1 is still on the title.

What is the practical probate process? Intestate petition with my client requesting to be PR?

Appreciate the insights and suggestions. I am struck trying to figure out what/how a probate would work when she has no heirs.

On Mon, Feb 12, 2018 at 5:55 PM, Nicholas Pleasants <nick at pleasantslaw.com<mailto:nick at pleasantslaw.com>> wrote:
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
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(425) 497-0799<tel:(425)%20497-0799> fax
nick at pleasantslaw.com<mailto:nick at pleasantslaw.com>
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From: James Bates [mailto:james.bates at lucelawfirm.com<mailto:james.bates at lucelawfirm.com>]
Sent: Monday, February 12, 2018 5:39 PM
To: wsbapt at lists.wsbarppt.com<mailto: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<tel:(425)%20830-5134>

e-mail<mailto:brent at bwrconsults.com> / website<http://www.bwrconsults.com> / facebook<http://www.facebook.com/bwrconsults>
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Brent Williams-Ruth
Founding Member

BWR Consulting, PLLC

Phone: (425) 830-5134

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