[WSBAPT] husband and wife joint probate

[Mike Winslow]

WAC 458-61A-202 Inheritance or devise.

 (a) Community property agreement or right of survivorship. If the transfer of real property to a surviving spouse or surviving domestic partner is in accordance with a community property agreement or right of survivorship clause, copies of the recorded agreement and a certified copy of the death certificate are required.

(h) Community property interest. If the community property interest of the decedent is transferred to a surviving spouse or surviving domestic partner absent the documentation described in (a), (b), (e), (f), or (g) of this subsection, a certified copy of the death certificate and a signed lack of probate affidavit from the surviving spouse or surviving domestic partner affirming that he or she is the sole and rightful heir to the property are required. Refer to the department's web site at dor.wa.gov for an example of the lack of probate affidavit that may be used.

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 Eric Nelsen
Sent: Wednesday, December 04, 2019 12:09 PM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] husband and wife joint probate

Ah, yes--the new rules for real estate excise tax inheritance exemption are getting everybody tied up in a knot. Probably best to do a joint probate, then.

Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
206-625-0092
eric at sayrelawoffices.com

-----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 11:49 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] husband and wife joint probate

Dear Eric, thank you for your help.  I did ask the title company and was told that the title company was not the issue, rather the treasurer is the issue and the company recommended the joint probate.  Yours truly, Doug Owens

> On Dec 4, 2019, at 11:08 AM, Eric Nelsen <Eric at sayrelawoffices.com> wrote:
> 
> You can do a joint probate in that fashion, and it's a completely validly way to proceed. But it might not be necessary if the husband's Will is clear and undisputed. Since he died 4 years ago--more than 2 years ago, that is--the title company likely would be willing to insure title for a sale just by providing an Affidavit of Lack of Probate (they'll have a form) as to the husband's estate. Then you could proceed with probate of wife's estate only. But I would ask the title company.
> 
> Sincerely,
> 
> Eric
> 
> Eric C. Nelsen
> Sayre Law Offices, PLLC
> 1417 31st Ave South
> Seattle WA 98144-3909
> 206-625-0092
> eric at sayrelawoffices.com
> 
> -----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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