[WSBAPT] Non-Probate Property Transfer

[Jeff at bellanddavispllc.com]

Amy,

 

I assume brother and sister are mom’s only heirs?  I would open in intestate probate with son named as the administrator.  Sister can assign her interest in the estate to her brother.  Brother than deeds the house to himself.  I believe that would work.  

 

 

Jeff Davis

 

W. Jeff Davis

BELL & DAVIS PLLC
P.O. Box 510

720 E. Washington Street, Suite 105
Sequim WA 98382
Phone: (360) 683.1129 
Fax: (360) 683.1258 
email:  <mailto:jeff at bellanddavispllc.com> jeff at bellanddavispllc.com
 <http://www.bellanddavispllc.com/> www.bellanddavispllc.com
 
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Amy Goertz
Sent: Wednesday, April 21, 2021 4:15 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Non-Probate Property Transfer

 

Hello, learned property folks -

 

Wondering how best to accomplish a property transfer based on the following:

 

2005 Decedent drafts Will. I do not have this Will.

 

2006 Decedent drafts Codicil. Codicil lays out fact pattern that states decedent let nephew use her name and good credit to buy a house in Spokane (she lived there with him) and that he paid for everything and upon her death, any interest she has in the house goes to nephew.

 

2007 Decedent moves out of state with daughter and drafts new Will that revokes Codicil. 2007 Will leaves all to son and daughter equally. 

 

2020 Decedent dies due to corona virus. Original 2007 Will is now lost. There is no probate and no assets other than the house in Spokane in mom’s name for which nephew made all financial contributions. 

 

Son and daughter are familiar with facts and willing to sign documents as necessary to transfer any interest to nephew (their cousin).

 

I would very much appreciate your thoughts and input as to the best and most streamlined mechanism to get the house into the nephew’s name.

 



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

 

Goertz & Lambrecht PLLC

www.goertzlambrecht.com <http://www.goertzlambrecht.com/> 

 

 

 

 





 

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