[WSBAPT] Property Title

Mon Mar 18 11:02:52 PDT 2019

There also could be a real estate excise tax issue.

Nestor Gorfinkel, Attorney at Law 

Admitted to practice law in Washington & Florida 

Florida Civil-Law (International) Notary

11900 NE First Street Suite 300

Bellevue, WA 98005

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Fax. (888) 522-3601

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Paul Neumiller
Sent: Monday, March 18, 2019 10:44 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Property Title

I think your bigger problem is how is she going to obtain authority to sign the deed?  Without a TODD or a probate, how is she going to convince a title company to insure title, no matter what the deed says? Especially if the mother is recently deceased.  

From: wsbapt-bounces at lists.wsbarppt.com <mailto:wsbapt-bounces at lists.wsbarppt.com>  <wsbapt-bounces at lists.wsbarppt.com <mailto:wsbapt-bounces at lists.wsbarppt.com> > On Behalf Of Amy Goertz
Sent: Monday, March 18, 2019 10:31 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com <mailto:wsbapt at lists.wsbarppt.com> >
Subject: [WSBAPT] Property Title

Good morning, list servers,

I had a potential client call with a request that I “prepare a deed” to transfer her recently deceased mother’s home into her name so she can get the senior discount when paying the property tax. She neglected to mention, however, as she ultimately revealed upon some pointed questioning, that she has three sisters, mom had a Will leaving the estate 4-ways, no probate has been done, etc. She just wants the house transferred into her name for property tax purposes as she is living in the house. I don’t think she’s being purposely deceitful, she just wants to accomplish getting the tax discount.

I told her she cannot transfer the house without starting a probate and cannot transfer the house to herself without an Agreement with her sisters. She says the sisters will agree, although she admits that the house is the only asset of significant value in the estate besides a collector car worth about 10k.

If her sisters are, in fact, willing to allow her to transfer the house into her name for the purpose of getting the senior discount for property taxes, how would one accomplish holding the title in her name and yet preserving the interest of the other three sisters?

Thanks in advance for your thoughts on this.

Amy

Amy J. Goertz, J.D.

Goertz & Lambrecht PLLC

amyjgoertz at icloud.com <mailto:amyjgoertz at icloud.com>  

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1.877.684.1627 fax

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