[WSBAPT] First Wife (Deceased) Still on Title

Tue Feb 13 08:37:49 PST 2018

The title presumptively vested in Husband when first wife died, since it was held as CP.
Second surviving spouse could execute a Lack of Probate Affidavit (LOPA) regarding the first wife’s death and status of property between wife #1 and Husband as CP. Attach death cert. per the discussion in the attachment that Nick Pleasants provided in his post (which is an excellent summary of the rules). If the first wife’s will is available, I would attach to LOPA and record that as well. Before proceeding, verify with title that they would insure on this basis.

Alternative, is to open probate of First Wife and execute deed to Husband (even though deceased, the title from deed in husband’s probate should transfer to second wife since that PR’s deed from Husband’s probate should convey after acquired title).

Given the length of time since death of wife #1, I believe that if title will accept a LOPA, this will suffice. If any heirs were going to contest the prior status these would have come out of the wood work by now.
It’s not mandatory to do a probate, but it could be performed if client and attorney are highly risk adverse.

Michael A. Winslow
1204 Cleveland Ave.
Mount Vernon, WA 98273
Ph. 360-336-3321
Em. Mike at winslegal.com

This message is from an attorney, so it’s confidential. If you are not the intended recipient, it’s too late to stop reading this message, but you may not use it for any improper purpose. Huge Disclaimer available upon request.

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
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> 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
(425) 615-7070 <tel:(425)%20615-7070>  tel.
(425) 497-0799 <tel:(425)%20497-0799>  fax
nick at pleasantslaw.com
The information contained in this e-mail message may be privileged and is confidential information intended only for the use of the recipient, or any employee or agent responsible to deliver it to the intended recipient. Any unauthorized use, distribution or copying of this information is strictly prohibited and may be unlawful.
If you have received this communication in error, please notify the sender immediately and destroy the original message and all attachments from your electronic files.

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.
4505 Pacific Hwy. E., Suite A
Tacoma, WA 98424
T: (253) 922-8724 <tel:(253)%20922-8724> 
F: (253) 922-2802 <tel:(253)%20922-2802> 
 <http://www.LuceLawFirm.com> www.LuceLawFirm.com   <https://www.facebook.com/pages/Luce-Kenney-Associates-PS/200703820101348> e943ecc8-5be2-4768-a17e-1b829b908afe

IMPORTANT NOTICE TO EMAIL RECIPIENTS
1. The information contained in this e-mail and accompanying attachments constitute confidential information which may be legally privileged and is intended for the sole use of the addressee.  If you are not the intended recipient of this information, any disclosure, copying, distribution or the taking of any action in reliance on this information is strictly prohibited and may be unlawful. This information is the property of Luce & Associates, P.S.  If you received this e-mail in error, please notify us immediately by return e-mail or by calling (253) 922-8724 <tel:(253)%20922-8724> .
2.  This e-mail transmission may not be secure and may be illegally intercepted.  Clients of Luce & Associates, P.S. are asked to use their best judgment in determining whether the topic of an e-mail response is such that it would be better saved for a more secure means of communication.
3.  The sender believes that this e-mail and any attachments are free of any virus.  However, by reading this message and opening any attachments, the recipient accepts full responsibility for taking remedial action regarding any viruses or other defects.
4.  All Luce & Associates’ attorneys are licensed to practice law in Washington and do not intend to give legal advice to anyone with legal matters not involving Washington law or federal law or to those who are not clients of this firm. 

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 5:18 PM
To: WSBA Probate & Trust Listserv <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>  /  <http://www.facebook.com/bwrconsults> facebook 
_______________________________________________ WSBAPT mailing list WSBAPT at lists.wsbarppt.com http://mailman.fsr.com/mailman/listinfo/wsbapt

_______________________________________________
WSBAPT mailing list
WSBAPT at lists.wsbarppt.com
http://mailman.fsr.com/mailman/listinfo/wsbapt

-- 
Brent Williams-Ruth 
Founding Member
BWR Consulting, PLLC
Phone: (425) 830-5134
e-mail <mailto:brent at bwrconsults.com>  / website <http://www.bwrconsults.com>  /  <http://www.facebook.com/bwrconsults> facebook 
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20180213/06851e71/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.gif
Type: image/gif
Size: 1396 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20180213/06851e71/image001.gif>