[WSBAPT] Intestate Inheritance

Tue May 31 13:48:39 PDT 2022

Thank you all for your responses on this question.  Several of you point to
the tracing concept in that the property really belongs to the person who
paid for it.  I understand that in the situation of a divorce, or some other
separation while both parties, to the deed, are living.  But in a probate,
where as here, the property was bought in 1998 and title taken as H & W, are
you really going to trace the purchase proceeds, where the H & W were not
contemplating separation or divorce?  Are we turning probate into a family
brawl?  What about the sanctity under these facts? 

I had a related issue where H, by Will, gave 2nd wife a large cash payment
and a life estate in his separate property home.  His children from H's
first marriage, tried to have the probate court offset that cash payment by
one-half of the "community debt" secured by the house (the bank had required
the 2nd wife sign on the loan regardless of the fact she was not on title to
the house").  The court denied the kid's request saying one, the Will did
not reduce her claim by such debt, and it was the bank that required her to
sign although the debt was secured by H's separate property.  

I am curious how often does this tracing become an issue.

Jeff

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: jeff at bellanddavispllc.com <mailto: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 Eric Nelsen
Sent: Tuesday, May 31, 2022 11:04 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Intestate Inheritance

Only if there is any argument that any portion of the house was separate
property of Dad. The names on the deed are literally not evidence of its
character as community or separate property. So if there's an argument that
house was purchased or partly purchased with Dad's separate property funds,
say before marriage or using money he inherited personally, then PC might
have an argument to get 50% of the separate property under (1)(b) of the
statute.

Sincerely,

Eric

Eric C. Nelsen

Sayre Law Offices, PLLC

1417 31st Ave South

Seattle WA 98144-3909

206-625-0092

eric at sayrelawoffices.com <mailto:eric at sayrelawoffices.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
Jeff at bellanddavispllc.com <mailto:Jeff at bellanddavispllc.com> 
Sent: Tuesday, May 31, 2022 10:51 AM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com
<mailto:wsbapt at lists.wsbarppt.com> >
Subject: [WSBAPT] Intestate Inheritance

Listmates:

I think the PC takes nothing under RCW 11.04.015.

Dad (PC's father) dies in  2014.  Mom (PC's step mom) just died leaving a
son (PC's step-brother).  Neither had wills.  Only real asset is a home held
has H & W.  I believe at Dad's death the home goes to mom.  At mom's death
all goes to her son.  I do not see PC being entitled to anything under the
intestate statute.  Am I wrong?

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: jeff at bellanddavispllc.com <mailto:jeff at bellanddavispllc.com> 
 <http://www.bellanddavispllc.com/> www.bellanddavispllc.com

The information contained in this e-mail message may be privileged,
confidential, and protected from disclosure. If you are not the intended
recipient, any dissemination, distribution, or copying is strictly
prohibited. If you think that you have received this e-mail message in
error, please e-mail the sender at  <mailto:info at bellanddavispllc.com>
info at bellanddavispllc.com  or call 360.683.1129.

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