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

[Mike Winslow]

Assuming H and W #1 took title to property as Community Property (e.g. Husband and Wife), a Lack of Probate affidavit should be sufficient to establish that title vested in the survivor following death of wife. Lack of Probate Affidavits do not “transfer title”. They merely establish the facts which show that title vests in the surviving spouse, as to Community Property, and absent a LWT which might operate to the contrary.
 
The PR of H’s estate should be able to sign the Lack of Probate Affidavit.
 
What happens after that is dependent on the H’s LWT, intestacy if no will, and the status of title to any real property he owned at death.
Not clear if there are two parcels, as your fact pattern is confusing when you talk about real property and manufactured houses, then discuss condos.
 
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.
 
From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Jamia Burns
Sent: Tuesday, April 02, 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
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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