[WSBAPT] Adding Spouse to Probate

Thu Nov 4 12:50:29 PDT 2021

Thank you, Tim and Heather, for your responses.

The husband died in 2017, so the creditor claim period is long gone. Long-term marriage with two kids together, and no kids from outside the relationship, so I would guess that we can work around the titling issue when the house is sold, which is a necessity at this point.

Here’s a first for me - the P.R. and I were discussing how we were going to get the people living in the house (squatters) out of there, but the SWAT team took care of the issue for us the other day. Bonus!

This is going to be an interesting case.

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/>

> On Nov 4, 2021, at 9:55 AM, Timothy Lehr <timothy at stileslaw.com> wrote:
> 
> I’ve also successfully filed a motion in the existing probate requesting an Order setting out that the property passed to the surviving spouse on the death of the first spouse (would need to be supported by either CPA, predeceased spouse’s Will, or intestate succession). I add language in the Order that clears title in surviving spouse and allows PR to sign deed on behalf of surviving spouse and distribute proceeds according to surviving spouse Will or intestate.
>  
> The title company has always been willing to insure title when they have a Superior Court judge’s order. I’m happy to share any pleadings if you would like.
>  
> Tim 
>  
> Timothy C. Lehr
> Attorney at Law
>  
> <image001.jpg>
>  
> p:   360.855.0131
> e:   timothy at stileslaw.com <mailto:timothy at stileslaw.com>
> w:  www.stileslaw.com <http://www.stileslaw.com/>
>  
> NOTICE: The information contained in this email is proprietary and/or confidential and may be privileged. If you are not the intended recipient of this communication, you are hereby notified to : (i) delete the email and all copies; (ii) not disclose, distribute or use the email in any manner; (iii) notify the sender immediately. Thank you.
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> From: Heather de Vrieze <heatherd at westseattlelaw.com <mailto:heatherd at westseattlelaw.com>> 
> Sent: Wednesday, November 3, 2021 4:06 PM
> To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com <mailto:wsbapt at lists.wsbarppt.com>>
> Subject: Re: [WSBAPT] Adding Spouse to Probate
>  
> Have you already tried clearing pre-deceased spouse from title with a CPA and death certificate? Is this a testate or intestate pre-deceased spouse? Is the property being sold, or kept in the family? How long ago did first spouse die?
>  
> I’m not sure that going back to add the spouse to the probate is particularly useful, or tidy. Depending on answers to the questions above, I would consider a Lack of Probate Affidavit, a simple probate (open, deed, close) or an adjudication of testacy/intestacy and heirship before I tried to convert existing probate to a joint probate.
>  
> Heather
>  
> Heather S. de Vrieze
> Attorney-at-Law
> <image002.jpg>
> 3909 California Avenue SW
> Seattle, WA 98116-3705                         
> (206)938-5500
> heatherd at westseattlelaw.com <mailto:heatherd at westseattlelaw.com>
> www.westseattlelaw.com <http://www.westseattlelaw.com/>
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> From: wsbapt-bounces at lists.wsbarppt.com <mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com <mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of Amy Goertz
> Sent: Wednesday, November 3, 2021 9:32 AM
> To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com <mailto:wsbapt at lists.wsbarppt.com>>
> Subject: [WSBAPT] Adding Spouse to Probate
>  
> Good morning, listers,
>  
> I opened a probate recently and have now discovered that the house is in the pre-deceased spouse’s name.
>  
> Can anyone point me to a statute or does anyone have pleading to add a spouse to an ongoing probate? 
>  
> I would appreciate if I don’t have to re-invent the wheel.
>  
> Thanks in advance for your consideration -
>  
> <image010.gif>
>  
> 
>  
> 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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