[WSBAPT] Property Title

Mon Mar 18 14:36:49 PDT 2019

Thank you to all who responded. Felicia, your thoughts echo my own and it’s certainly not “mean” to be guided by the law and not your client’s wishful thinking.

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/>

> On Mar 18, 2019, at 2:05 PM, Felicia Value <felicia at skagitprobate.com> wrote:
> 
> 
> 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
>>  
>> <image001.jpg>
>>  
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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
>> 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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> Felicia Value
> Attorney at Law
> PO Box 578/116 N. Third
> La Conner,  WA 98257
> (360) 466-2088
> Felicia at skagitprobate.com <mailto:Felicia at skagitprobate.com>***Disclaimer: Please note that RPPT listserv participation is not restricted to practicing attorneys and may include non-practicing attorneys, law students, professionals working in related fields, and others.***
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