[WSBAPT] Non-Probate Property Transfer

[J A Cyphers]

I think you need to have a detailed discussion with a good title company.
The TEDRA agreement is a good idea. I wonder if the TEDRA agreement should
allege that Mother held title as a constructive trust for nephew. Sounds
like the facts fit that pattern.  And now that Mother has died, brother &
sister as her heirs and nephew as the beneficiary of the constructive trust
have all agreed that title should be in nephew.
Then take the draft of the agreed TEDRA agreement to a good title company
and discuss what more they want to clear title.

I think that unless you are sure that you can prove up a lost will, you are
an intestate situation.

Regardless of the fact that Mother revoked the Codicil, she did clearly lay
out the facts for you.

Jackie Cyphers

On Thu, Apr 22, 2021 at 8:35 AM Amy Goertz <amyjgoertz at icloud.com> wrote:

> Thank you for your thoughts. However, the property is to go to the nephew
> and not the brother. I was thinking of filing a TEDRA, since all are in
> agreement, and then a Lack of Probate Affidavit, but the wording of the
> Affidavit statute seems to require that the parties be intestate heirs, and
> the nephew would not be a direct intestate heir.
>
> Can you open an intestate estate when there is a lost Will? We would have
> the siblings decline to serve as PR, and consent to a non pro rata
> distribution to the nephew?
>
>
> Sent from Amy's iPhone, which spells as it pleases and is not grammar
> correctly.
>
> On Apr 22, 2021, at 6:28 AM, jeff at bellanddavispllc.com wrote:
>
> 
>
> 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
> <https://www.google.com/maps/search/720+E.+Washington+Street,+Suite+105+Sequim+WA+98382?entry=gmail&source=g>
> Sequim WA 98382
> <https://www.google.com/maps/search/720+E.+Washington+Street,+Suite+105+Sequim+WA+98382?entry=gmail&source=g>
> Phone: (360) 683.1129
> Fax: (360) 683.1258
> email: jeff at 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.
>
>
>
> <image001.gif>
>
> *Amy*
>
>
>
> *Amy J. Goertz, J.D.*
>
> *Goertz & Lambrecht PLLC*
>
> amyjgoertz at icloud.com
>
>
>
> 1.888.926.2607 phone
> 1.877.684.1627 fax
>
> Address for correspondence:
>
> 2829 S. Grand Blvd., Suite 303
> <https://www.google.com/maps/search/2829+S.+Grand+Blvd.,+Suite+303+Spokane,+WA+99203?entry=gmail&source=g>
> Spokane, WA 99203
> <https://www.google.com/maps/search/2829+S.+Grand+Blvd.,+Suite+303+Spokane,+WA+99203?entry=gmail&source=g>
>
>
>
>
> Additional office locations:
>
> 510 Bell Street
> <https://www.google.com/maps/search/510+Bell+Street+Edmonds,+WA+98020?entry=gmail&source=g>
> Edmonds, WA 98020
> <https://www.google.com/maps/search/510+Bell+Street+Edmonds,+WA+98020?entry=gmail&source=g>
>
>
>
> Goertz & Lambrecht PLLC
>
> www.goertzlambrecht.com
>
>
>
>
>
>
>
>
>
>
>
>
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-- 
Jackie Cyphers
Jeannette A. Cyphers, Attorney at Law
P. O. Box 908
Edmonds, WA 98020-0908
telephone 425-776-5887
fax 425-640-0814
jacyphers at gmail.com
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