[WSBAPT] Property still in husband's and first wife's name

Brent Williams-Ruth brent at bwrconsults.com
Tue Apr 2 15:23:14 PDT 2019


I had a similar situation - with one big exception, there were no kids
involved in marriage to W#1.

What I ended up doing was having my client (W#2) buy a title policy (can
provide recommendation for who I worked with if requested) after I outlined
all of the information so that when W#2 passes and her Will instructs that
the house is sold with proceeds to be divided between her two boys - that
the Title company will have clear title to insure that it will happen
without problem.

After looking at all the options, talking with many a mentor from this list
(thank you all, again). That was the most cost effective solution for our
situation.

Best of luck to finding a creative solution to this problem.

Brent

On Tue, Apr 2, 2019 at 3:07 PM Jamia Burns <jamia at jamiaburnslaw.com> wrote:

> Wife #1 dies in 2007. Surviving husband does nothing to transfer land and
> manufactured home to himself, so still in both names. Husband marries Wife
> #2 , then dies. My client is Wife #2. Condo is still in deceased husband's
> and deceased first wife's names.
>
> Can a Lack of Probate Affidavit transfer property from Wife #1 to deceased
> Husband? Would all three children need to sign that? Is Probate for Wife #1
> the best option?
>
> We had to open Probate for deceased Husband, so once property is in his
> name, then we can transfer to Wife #2.
>
>
>
> Jamia S. Burns
> Attorney at Law - Estate Planning
> 360-739-6379
> www.jamiaburnslaw.com
> jamia at jamiaburnslaw.com
> Mail: P.O. Box 29453
> Bellingham, WA 98228
> Office: 1200 Dupont Street, Ste. 1-D
> Bellingham, WA 98225 (by appointment only)
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