[WSBAPT] Combine Probates?

Tue Aug 20 15:29:49 PDT 2019

Yep. I think you and Rebecca are spot on.  I am currently negotiating with the title company to accept the Affidavits.  The family plans on selling directly out of probate to the tenant in the residence (the last 10 years).  The title company is getting push back from the underwriter regarding the statement that there is no probate of the estate when there is a probate of the estate in GA.  I'm saying that there is no probate of the WA estate.

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-----Original Message-----
From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Mike Winslow
Sent: Tuesday, August 20, 2019 3:18 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Combine Probates?

Assuming husband died first, I would do an Affidavit of Community property (DOR form) combined with a Lack of Probate affidavit on H; with recording of death cert (usual redactions). Then Probate the wife's estate in Wa. if intent is to sell the property, I would sell the property out of the estate instead distributing to the children outright and letting them sell. This avoids use of Form 17 disclosures and allows use of a Bargain and Sale Deed to transfer title upon sale.
Mike

Michael A. Winslow
1204 Cleveland Ave.
Mount Vernon, WA 98273
Ph. 360-336-3321
Em. Mike at winslegal.com

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-----Original Message-----
From: wsbapt-bounces at lists.wsbarppt.com
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Paul Neumiller
Sent: Monday, August 19, 2019 11:44 AM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Combine Probates?

Listmates, a Georgia couple die with WA property.  GA attorney is probating W's estate using a Will and H's estate as an administration because no H Will.  Three sons inherit everything equally.  Should I: (1) open two probates separately in WA because one is testate and one is intestate OR (2) try to combine both even though one is testate and one is intestate OR (3) ignore W's will and proceed to probate both estates as intestate since each of the three heirs inherit equally anyway.  The three heirs are cooperative.
Thanks for your thoughts.

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