[WSBAPT] Most efficient solution? (Intestacy, real estate, incapacity and more good stuff)

[Jennifer Johnson]

You can record an Affidavit of Surviving Spouse along with a death certificate and a REET in order to effect the transfer by community property law and claim the inheritance exemption for excise tax purposes.  If there is any question as to whether it is community property, or if you just want to make sure you’re totally covered, you can also have all of the heirs, along with the attorney in fact for mom, execute a deed to mom.

You can check with your local title company to see if they are going to require their own Lack of Completed Probate Affidavit to be completed (they usually do) and if they are going to be inclined to assess an additional premium to cover their risk.  

Jennifer

Jennifer Johnson
Attorney | Title Officer
Wahkiakum Title & Escrow Company
Hanigan Law Office, PS
Cathlamet, WA 98612
(360) 795-3741




> On Jul 12, 2018, at 7:25 PM, Sarah Jael Dion <sarah at dionlaw.com> wrote:
> 
> Hi all!
> 
> I would be very grateful for any advice on this one…I’m torn about how to handle this efficiently. 
> 
> I have a client who just lost her dad. Dad was married to mom. Mom and Dad had four adult children. All siblings are thrilled that my client is willing to manage the legal fallout from Dad’s death.
> 
> Client’s mother has dementia, and is incapacitated. My client is her POA. The mother lives in a care facility. The POA is not great- it wasn’t drafted by an attorney, but it’s done the job so far. 
> 
> Mom and Dad had a house, which is community property. This house now needs to be sold to pay for Mom's ongoing care. The house is the only probate asset. 
> 
> Client believes Dad had a will, but no one can find it. There has been a considerable amount of searching and Client has abandoned the search. 
> 
> Should we: 
> (1) try to sell the house using an Affidavit of Lack of Probate, with my client as her mom’s POA; 
> (2) open an intestate administration and have a GAL appointed for the mom; or 
> (3) seek to have my client appointed guardian of her mom and then attempt to use an Affidavit of Lack of Probate? 
> 
> Something else?
> 
> Sarah Jael Dion
> 
> Dion Law PLLC					
> 206-550-4005
> sarah at dionlaw.com <mailto:sarah at dionlaw.com>
> www.dionlaw.com
> 
> This message is private or privileged. If you are not the person for whom this message is intended, please notify me immediately and delete the message. Please do not copy or send this message to anyone else. 
> 
> 
> 
> 
> 
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