[WSBAPT] LOPA with disclaimer of interest?

[Kendel Froese]

Hi all:

I am hoping for some insight before everyone heads out for the weekend...

My client's wife had adult children from a prior relationship and died
intestate. She purchased a house before marrying my client, which is where
she and my client lived during the marriage. The wife also had a bank
account that only had her name on it.

I had been planning on using a Lack of Probate Affidavit to deal with the
house, and a Small Estate Affidavit for the bank account - but this was
before I knew my client's wife had kids that were not also my client's
kids.

I'm wondering if I can use the same plan (LOPA for house and Small Estate
Affidavit for bank account) and have the wife's children sign a disclaimer
of their interest in 1/2 of their mom's separate property?  Has anyone ever
attached a disclaimer to a LOPA? I'm also not clear on how to determine
whether the house is still the wife's separate property by virtue of her
buying it before marrying my client?

Thank you in advance for your thoughts!

Kendel

--

Kendel Froese

Attorney, Thrive Law PLLC <https://www.thrivelawpllc.com/>

203 N. Washington | Suite 200 | Spokane, WA | 99201

509.514.5317 (Call & Text) | kendel at thrivelawpllc.com

Instantly schedule an appointment with me here
<https://calendly.com/thrivelaw>!



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