[WSBAPT] Separate Property Transfer

[Amy Goertz]

Good morning -

I had a call from a potential client whose spouse (age 49) recently passed away. 

Here are the facts:

1. Couple begin living together and sharing finances in 2015. 
2. Residence belongs to spouse’s parents; couple pay taxes, expenses/upkeep but no rent. Not sure if they will continue to allow him to live there.
3. Couple married in August 2019.
4. Spouse owned two rental properties before 2015. Each is worth approximately $200k, and each has outstanding mortgage of approximately $50k.
5. Both rental properties are in spouse’s name only. Potential client claims he made the mortgage payments for past five years (although there are renters, so not sure how accurate this is.)
6. Spouse has two adult children. One is in prison (for murder) and the other is currently unemployed and possibly on public assistance.
7. Spouse died in November without a Will or other formal planning.

Potential client (age 60) asked me how to go about transferring two rental properties into his name. 

Per RCW 11.04.015, the surviving spouse is entitled to all community property and one-half of the separate property. 

Since the properties were his wife’s prior to marriage and she died with no estate planning, he is entitled to one-half of these separate property rentals.

Do you have any insight or tips for how to best to approach this? My initial thought would be to start probate and request a spousal/homestead award from her separate estate. Client says the children would have no ability to manage or maintain the properties. Not sure when the one in prison may be released - he was 19 when convicted of murder in 2006 and has served 14 years of a 20-year sentence. I certainly have reservations about sending him Notices with my name on them and having the perception be that I am taking away his inheritance.

What are your thoughts?


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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