[WSBAPT] Intestate Property Distribution

[Heather de Vrieze]

SP would go partly to spouse and partly to children. Are there SP assets beyond these two parcels. How about non pro rata distribution with an agreement everyone signs?

Heather

Heather S. de Vrieze
Attorney-at-Law
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Maura McCoy
Sent: Tuesday, September 13, 2022 9:36 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Intestate Property Distribution

Listmates:

We have an oddball intestate probate question! Our client is Wife (W), who was married to Husband (H) who recently passed intestate. H owned SP and CP real property. H and W have 12 kids jointly. All 12 kids have agreed that the two parcels of H’s SP real property can go to their mother, W.

We are struggling with the best way to get the property to W. A disclaimer pursuant to RCW 11.86.041 would cause the SP to go to H’s siblings. But accepting the two parcels and then gifting them to W will be really expensive in both attorneys and recording fees (12 recording fees!).

Any thoughts about the best and least expensive way to proceed?


Maura Senecal McCoy | Associate Attorney
(she/her/hers)

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