[WSBAPT] community RE and deceased spouse

[Mike Winslow]

LOPA: Lack of Probate Affidavit.

Here is the version I developed. I call it the "Swiss Army Knife" version, because it covers a number of possible situations. Edit accordingly.

Also attached is the DOR form in pdf. I combined the DOR form and the form I have used with the title companies to create my hybrid form.
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.


-----Original Message-----
From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Doug Owens
Sent: Tuesday, September 11, 2018 12:12 PM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] community RE and deceased spouse

Dear Michael, thank you.  That is the procedure I will use.  Yours truly, Doug Owens

> On Sep 11, 2018, at 11:58 AM, Mike Winslow <mike at winslegal.com> wrote:
> 
> We do not perform a probate for first spouse to die.
> Instead, we routinely do a later recording of the LOPA regarding the first death, when no probate was performed on first death. We have the PR for second spouse to die, or all surviving children, sign the LOPA.
> This works if couple took property as "H and W" and either there was no will for first spouse to die or the will of first spouse to die left everything to surviving spouse. If there is still an original or copy of will of first spouse to die, we will attach that as an exhibit to the LOPA.
> 
> When we follow that procedure, we have no problems with title companies insuring a later transfer by the parties receiving title under the PR's deed.
> 
> 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.
> 
> -----Original Message-----
> From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Doug Owens
> Sent: Tuesday, September 11, 2018 11:36 AM
> To: WSBA Probate & Trust Listserv
> Subject: [WSBAPT] community RE and deceased spouse
> 
> Dear list mates, I have a client whose father passed away about five years ago having executed a will leaving his estate to his wife, including a Seattle residential property.  No probate was commenced at his death.  A few months ago the wife died and the property is still in both their names.  No community property agreement was signed.  There is a probate for the estate of the wife.  Is a probate needed now of the deceased husband’s estate to allow the client who is personal representative under both wills to convey title to herself as the sole heir of both her mother and father?  It does not seem that the no probate affidavit route will work when there was not a community property agreement.  Thank you for your views.  Yours truly, Doug Owens
> 
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