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

[Tom Westbrook]

Jennifer,



When the Surviving Spouse is incapacitated as in this case, can the AIF
sign the Affidavit of Surviving Spouse and Lack of Probate Affidavit?



Sincerely,



Tom



Thomas J. Westbrook

Attorney at Law



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Rodgers, Kee & Card, P.S.

324 West Bay Drive NW, Suite 201

Olympia, Washington  98502



Phone: 360-352-8311

Facsimile: 360-352-8501

Email: tjw at buddbaylaw.com

Skype: thomas.westbrook

www.buddbaylaw.com



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*From:* wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com>
*On Behalf Of *Jennifer Johnson
*Sent:* Thursday, July 12, 2018 9:41 PM
*To:* WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
*Subject:* Re: [WSBAPT] Most efficient solution? (Intestacy, real estate,
incapacity and more good stuff)



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
www.dionlaw.com

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