[WSBAPT] Probate real property transfer

[Timothy Lehr]

I’ve been successful many times in bringing a motion in wife’s probate that sets out the facts that title to certain property vested in wife on husband’s death via 1) community property or 2) husband’s will (pick which fact applies in your case) with an accompanying Order establishing title to certain property vesting in wife AND authorizing PR to transfer such property according to wife’s Will.

The title company I work with says they will always insure title based on a court order if obtained.

Tim

Timothy C. Lehr
Attorney at Law

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p:   360.855.0131
e:   timothy at stileslaw.com<mailto:timothy at stileslaw.com>
w:  www.stileslaw.com<http://www.stileslaw.com/>

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From: Inge Fordham <inge at fordhamlegal.com>
Sent: Wednesday, April 27, 2022 4:35 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Probate real property transfer

If the title co. won’t accept a LOPA, you may need to commence a joint probate for H and W.  I agree with trying a LOPA first (as it would save a ton of money).  Unfortunately, some title companies may still require probate.  Good luck!

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Inge A. Fordham | Attorney
Fordham Law, PLLC
3218 Sixth Avenue | Tacoma, WA 98406
Office: (253) 348-2657 | Mobile: (206) 778-3131
www.fordhamlegal.com<http://www.fordhamlegal.com>

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From: <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> on behalf of Leighann Hansing <hansinglegal at outlook.com<mailto:hansinglegal at outlook.com>>
Reply-To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Date: Wednesday, April 27, 2022 at 4:22 PM
To: "wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>" <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] Probate real property transfer

I feel like this is a relatively straight-forward question but I’m stuck and hoping for help. Thanks so much in advance for your time!

Husband and wife own real property as a married couple.
Husband dies in 1991. The estate is probated. Wife is the PR and presumably the sole beneficiary of the estate. Wife never transfers the title to her name alone.
Wife dies in 2009. PR (daughter) of Wife’s estate wants to transfer title by QCD to the appropriate beneficiary (herself).

Since Daughter wasn’t PR of Dad’s estate, what is the correct method to effect a complete title transfer?


Regards,
Leigh Ann Hansing
Attorney  |  MBA
Mobile: (425) 202-5922
leighann at hansinglegal.com<mailto:leighann at hansinglegal.com>
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