[WSBAPT] community RE and deceased spouse

Tue Sep 11 13:12:33 PDT 2018

Everyone does this differently. A couple of points.

1.	I have learned to want to do probates when the first spouse dies and real property is involved. They are relatively cheap, clean up everything going forward, and I have been doing this long enough to have seen too many changed circumstances of all sorts that wind up posing problems or little messes when the second one dies.  
2.	When you need to deal with the second death, and an issue is real property, you may be able to work with a title company, if a sale is the point, and do a LOPA or whatever will satisfy them. But if you need a probate, you can, at least here and in other counties I have heard of, do a probate of the two estates under one cause number and get them done at the same time. This depends on a number of factors, including liens, debt, and so on. 

	Always remember that the court that matters is often the title company, and make friends with at least one local title examiner if you can for when you need help. 

Rob

Robert D. Wilson-Hoss 
Hoss & Wilson-Hoss, LLP 
236 West Birch Street 
Shelton, WA 98584 
360 426-2999
www.hossandwilsonhoss.com
rob at hctc.com

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-----Original Message-----
From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Mike Winslow
Sent: Tuesday, September 11, 2018 11:59 AM
To: 'WSBA Probate & Trust Listserv'
Subject: Re: [WSBAPT] community RE and deceased spouse

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

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-----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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