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

Wed Apr 3 09:48:50 PDT 2019

Thank you!

Jamia S. Burns
Attorney at Law
(360) 739-6379
Office: 1200 Dupont St., Suite 1-D
Bellingham, WA 98225 (By Appointment Only)
Mail: P.O. Box 29453
Bellingham, WA 98228
jamia at jamiaburnslaw.com
www.jamiaburnslaw.com

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On Wed, Apr 3, 2019 at 9:37 AM Mike Winslow <mike at winslegal.com> wrote:

> 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
>
>
>
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>
> *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
>
> *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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