[WSBAPT] husband and wife joint probate

[Jeff Davis]

Doug,

File a joint petition for both spouses with both wills.  Give notice to all heirs, both named in the Wills and others.  Treat the husband's will as processed first, then the wife's.  In the end, the final distribution is to the sole beneficiary under the wife's will.

Jeff Davis

-----Original Message-----
From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Doug Owens
Sent: Wednesday, December 4, 2019 10:47 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] husband and wife joint probate

Dear Listmates, I have not handled this type of probate before and I would appreciate any tips.  Facts: Husband died four plus years ago, with a will, making wife sole beneficiary if she survived him, then to three children if she did not.  She survived him and died three days ago, with a will, making one of the three children her sole beneficiary.  The same child is PR under both wills.  No probate of the husband’s estate to this point.  Principal asset is a community property residence with equity of about $120K.   My thinking is that wife became owner of the full title on husband’s death but title still shows H&W as owners.  I am thinking there needs to be a probate of H’s estate to transfer his interest to W’s beneficiary but if that probate occurs will the other two children have any claim on H’s half of the community owned home?  There is a reverse mortgage on the house so it needs to be sold asap per the terms of that note and it seems to me that a probate of H’s estate is needed so the PR can convey title to the purchaser.  I was preparing to open probates of both estates and ask the court to join them.  Does that seem reasonable?  Thank you.  Yours truly, Doug Owens

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