[WSBAPT] Property Title

[Marcus Fry]

We know that property automatically vests in the heirs of the decedent subject to probating the decedent’s will.  If you don’t probate and operate under the auto vesting by operation of law and enter into a tenancy in common agreement between the siblings where it is agreed that Sister will live in the residence subject to paying all taxes, etc. (I assume there would be rights to terminate right to occupy), and you utilize a Lack of Probate Affidavt (per WAC 458-61A) that places all four daughters on title (under the county’s auditor and treasurer records), this should in theory satisfy the property tax exemption assuming the Sister meets the other criteria for the exemption.  I just never had multiple owners and I am not sure how the county would respond given this scenario, but I think the TIC agreement would address any county representative’s concern about who was occupying and who bore the obligation to pay the taxes.

My .02 cents.
<https://apps.leg.wa.gov/wac/default.aspx?cite=458-61a-202>

Marcus J. Fry
Lyon, Weigand & Gustafson, P.S.
P.O. Box 1689
Yakima, Washington  98907
Telephone:  (509) 248-7220
Facsimile:  (509) 575-1883

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From: 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
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>

1.888.926.2607 phone
1.877.684.1627 fax
Address for correspondence:
2829 S. Grand Blvd., Suite 303
Spokane, WA 99203

Additional office locations:
510 Bell Street
Edmonds, WA 98020

7418 East Helm Drive
Scottsdale, AZ 85260

Goertz & Lambrecht PLLC
www.goertzlambrecht.com<http://www.goertzlambrecht.com/>

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