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

[Mike Winslow]

Sounds like a Lack of Probate affidavit regarding Wife #1 interest in CP should work for establishing H’s rights.
Then probate H’s estate if H and W #2 were not on title to RP together, in order to transfer to W #2. If W #2 on title with H, then a second LOPA should work.
 
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 5:02 PM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Property still in husband's and first wife's name
 
Sorry, there is a Will from husband 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)
 
On Tue, Apr 2, 2019, 4:38 PM Dalynne Singleton <dalynne at glgmail.com> wrote:
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
 <mailto:dalynne at glgmail.com> 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
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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