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

[Dalynne Singleton]

Husband and Wife #1 purchase land and manufactured home.  Wife #1 dies.  If her estate had been probated, her CP share would have been transferred to Husband and he would be sole owner.  Title would be in Husband’s name.
Sounds like Wife #1 and Husband had 3 children.

Husband then remarries and has Wife #2.  Husband dies.  Now, you indicate there is a condo in Wife #1 and husband names.  Is the condo and manufactured home the same or is this two separate properties?
I am not convinced that Wife #2 automatically gets the separate property of the husband after his death that is in Wife #1 and husband’s name.

Did husband have a Will leaving everything to Wife #2?
There seems to be some missing information.

Dalynne Singleton

Gourley Law Group
Snohomish Escrow
The Exchange Connection
1002 10th Street / PO Box 1091
Snohomish, WA 98291

360.568.5065
360.329.4079
360.568.8092  fax
dalynne at glgmail.com<mailto:dalynne at glgmail.com>

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Jamia Burns
Sent: Tuesday, April 2, 2019 3:05 PM
To: WSBAPT at lists.wsbarppt.com
Subject: [WSBAPT] Property still in husband's and first wife's name

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<http://www.jamiaburnslaw.com>
jamia at jamiaburnslaw.com<mailto: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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