[WSBAPT] Transfer of Real Property without Probate?

[Derek Jensen]

Sara,

You can consider a lack of probate affidavit for the real property. I would advise the client not to use joint tenancy with the daughter. I am bit on the fence with TOD deeds. I understand the appeal; however, I can think of number of issues and concerns. For example, if the daughter is likely to sell the property, I would prefer she sell it as a fiduciary in a probate.

Sincerely,

Derek W. Jensen, JD, LLM
Managing Attorney


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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Sara M
Sent: Monday, March 5, 2018 6:47 PM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Transfer of Real Property without Probate?

I am doing some estate planning for a Client in his 70s.  His wife passed away 4 years ago.  No probate was done.  Wife died suddently with no extended illness or medicaid.  The house is owned outright, worth around $250,000, still in both names.  Everything else went to the husband via beneficiary designation or joint tenancy.  There is assets over $500,000 ininvestments, so doesn't appear to be creditors.  Wife's will gives all to Husband.

They have one child.  Client wants to give all to his daughter.  I think it makes sense to do a transfer on death deed on Client's house and avoid probate upon his death.  All other assets are joint with his daughter or she is the beneficiary.

I think we need to probate deceased wife's estate to properly remove her from the title and then have Client record the transfer on death deed.

Or is there a non-probate avenue I should consider?

Thank you,

Sara McCulloch




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