[WSBAPT] Property Title

[Felicia Value]

Be wary when using disclaimers.  Examine each one individually. If mom 
died intestate,  and PC's sisters have living descendants, the 
disclaimer of a sister will send her interest to her descendants by 
right of representation.  If a sister does not have living descendants,  
the disclaimer of a sister will send her interest equally to all of 
mom's living children,  and by right of representation to any deceased 
children.

I tend to be conservative,  and it's difficult to take short cuts with 
real estate even if you aren't conservative.   I'd tell PC that she must 
petition the court to open an intestate probate; get the signed consent 
of all sisters for PC to serve as PR with nonintervention powers and no 
bond;  and do a TEDRA where all sisters agree in writing that PC gets 
the house.  And CYA with lots of letters to sisters re: get your own 
lawyer and consider tax aspects.

What PC is asking for is not simple,  and I would not underwrite her 
wishful thinking that it is.

Signed,  Mean Lawyer.

On 3/18/2019 10:50 AM, Tom Westbrook wrote:
>
> If PC is correct, get sisters to stipulate to PC being PR of estate 
> and in the same document, they disclaim interest in the home (or 
> entire estate if you can get that for PC); then open probate and get 
> PC appointed.
>
> Sincerely,
>
> Tom
>
> Thomas J. Westbrook
>
> Attorney at Law
>
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> *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/
>
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-- 
Felicia Value
Attorney at Law
PO Box 578/116 N. Third
La Conner,  WA 98257
(360) 466-2088
Felicia at skagitprobate.com

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