[WSBAPT] Affidavit of Lack of Probate - Dealing with Separate Real Property

[Jeff Davis]

Thank you John,

 

I kind of felt that was the response; you have made it much clearer.

 

Jeff

 

From: John McCrady <j.mccrady at pstitle.com> 
Sent: Thursday, March 5, 2020 4:13 PM
To: jeff at bellanddavispllc.com; WSBA Probate & Trust Listserv
<wsbapt at lists.wsbarppt.com>
Subject: RE: [WSBAPT] Affidavit of Lack of Probate - Dealing with Separate
Real Property

 

In the marriage context, there is the strong presumption that the property
purchased as "husband and wife" is community property, and under the laws of
intestacy a deceased spouse's interest in community property passes to the
surviving spouse.  So we are relying on the lack of probate affidavit to
determine who benefits from the automatic vesting of title under the laws of
intestacy.  

In an alleged CIR we don't have any such presumption, and until the will is
probated it has no determinative value.  So in your scenario we would
require the probate of the will to pass the title to the partner.

 

John McCrady

Counsel

Puget Sound Title Company

5350 Orchard Street West

University Place WA 98467

253-476-5721

j.mccrady at pstitle.com <mailto:j.mccrady at pstitle.com> 

 

From: wsbapt-bounces at lists.wsbarppt.com
<mailto:wsbapt-bounces at lists.wsbarppt.com>
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Jeff Davis
Sent: Thursday, March 05, 2020 3:54 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com
<mailto:wsbapt at lists.wsbarppt.com> >
Subject: [WSBAPT] Affidavit of Lack of Probate - Dealing with Separate Real
Property

 

Listmates:

 

Client was in a long term (28) year committed relationship.  Husband (for
lack of a better term) died.  His Last Will & Testament leaves everything to
the surviving Partner ("Wife.")  House is only in Husband's name as his
separate property.  Recently we have seen title companies accepting recorded
Affidavits of Lack of Probate ("ALOP") to remove the deceased spouse's name
from title, which was taken as "Husband and Wife."  Obviously, in the
husband and wife title setting, the surviving spouse already has a deeded
interest in the property.  Here the surviving partner has no interest in the
property but for the Will.

 

Would a "ALOP" that attaches the Will work or is probate an absolute
necessity.

 

Jeff Davis

 

 

 

W. Jeff Davis, Esq.

BELL & DAVIS PLLC
P.O. Box 510
Sequim WA 98382
Phone No.:(360) 683.1129 
Fax No.: (360) 683.1258 
email:  <mailto:info at bellanddavispllc.com> info at bellanddavispllc.com
 
<https://r.xdref.com/?id=02602MQX035759&from=wsbapt-bounces@lists.wsbarppt.c
om&to=j.mccrady at pstitle.com&url=http://www.bellanddavispllc.com/>
www.bellanddavispllc.com
 
The information contained in this e-mail message may be privileged,
confidential, and protected from disclosure. If you are not the intended
recipient, any dissemination, distribution, or copying is strictly
prohibited. If you think that you have received this e-mail message in
error, please e-mail the sender at  <mailto:info at bellanddavispllc.com>
info at bellanddavispllc.com  or call 360.683.1129

 

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20200305/eee6f2f2/attachment.html>