[WSBAPT] Real property given to daughter but spouse 's name put on due to refinance

Thu Jul 2 09:29:23 PDT 2020

Oh geez.

Thoughts—he never “gifted” the property to daughter if she is not on the deed or other transfer document.  This is important for daughter to understand.  She is named as the beneficiary in the Will, which is really different.  As you pointed out, since decedent didn’t update the Will, the omitted spouse statute would apply.  As would the family support award statute.  So wife is almost certainly going to get something.

You need to determine the character of the property—is it separate or community?  Look at the Borghi case.

How were the mortgage/expenses being paid?  Even if you can argue that the property is separate, is there a marital lien for the payments of mortgage/expenses/labor, etc.?

Granddaughter should consider a creditor claim for caregiving if she was not compensated.  That sometimes works, depending on whether her living expenses were covered by the decedent or not.

How much equity is in the house?  Is this worth fighting over?

Is widow able to eject now?  Can granddaughter stay in the house under the eviction moratorium, or is widow exempt from the moratorium?

Does wife have an attorney?  Can you negotiate some kind of global resolution that gives everyone something?

This is a tough case—good luck!

Jill

Jill H. Sasser | Attorney at Law
Landerholm P.S.
805 Broadway Street, Suite 1000
P.O. Box 1086
Vancouver, WA 98666-1086
T: 360-816-2534 T: 503-283-3393 F: 360-816-2535
From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of michael at westseattleattorney.com
Sent: Thursday, July 2, 2020 9:15 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Real property given to daughter but spouse 's name put on due to refinance

Hi: Well facts are that 2001 Will gives daughter real property. H marries in 2003 and never redid will so Widow is omitted spouse and can get up to 1/2 of the separate property. So even if Daughter prevailed, widow still gets "up to half" plus maybe up to $125k for spousal award, right?
In any event, Deed was a limited license from prepared by escrow who did refinance. The wording has the operative language "to create community property" but I do not think it is controlling as there is no evidence that the decedent was advised by an attorney as to what that deed legally would do.
Current issue is widow trying to take possession of house and kick out granddaughter who was there caring for the decedent - she has to go sometime but now widow posted a 60 day notice.
Suggestions?

[cid:image001.png at 01D65053.3C228050]

-------- Original Message --------
Subject: Re: [WSBAPT] Real property given to daughter but spouse 's name
put on due to refinance
From: "Jill H. Sasser" <Jill.Sasser at landerholm.com<mailto:Jill.Sasser at landerholm.com>>
Date: Thu, July 02, 2020 8:18 am
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>

What does the deed exactly say?  Are wife and daughter both on title?
Sent from my iPhone

Jill H. Sasser | Attorney at Law
[cid:image002.jpg at 01D65053.3C228050]
805 Broadway Street, Suite 1000
P.O. Box 1086
Vancouver, WA 98666-1086
T: 360-816-2534 | T: 503-283-3393 | F: 360-816-2535
www.landerholm.com<http://www.landerholm.com>

Landerholm, P.S. is committed to following the recommendations and requirements regarding COVID-19 as outlined by various government agencies.
We are working and available to assist you by phone, video conferencing and through email. For the time being we’ve modified our daily operations but closed our office to the public.

On Jul 2, 2020, at 8:08 AM, "michael at westseattleattorney.com<mailto:michael at westseattleattorney.com>" <michael at westseattleattorney.com<mailto:michael at westseattleattorney.com>> wrote:

H gifted his real property to daughter but widow 's name had been put on title due to refinance - widow doesn't accept that it was not a gift and wants to take possession. What does PR need to do ?   King County

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