[WSBAPT] Intestate Property Distribution

[Joshua McKarcher]

Nice! Diane for the spousal lien “win”! (See? Who says estate planning cannot be fun?)

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Diane J. Kiepe
Sent: Tuesday, September 13, 2022 11:16 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Intestate Property Distribution

Do a TEDRA that states it will be distributed automatically to surviving spouse from the estate.  This is technically a gift but generally that part is easy to deal with.  I simply add in the TEDRA that the transfer is being made for administrative convenience – it would require all interested parties signatures which could get tricky if any child is not living and left surviving children.

Also, think if the property is truly separate property and if it is has it been supported long enough for the surviving spouse to claim an equitable lien that covers the 50% interest that would otherwise go to the children.  If there are facts to support a spousal lien for community funds used to support the property then you don’t even have to do a TEDRA, just note it on the inventory.

Best,

Diane J. Kiepe

Diane J. Kiepe
Douglas Eden
717 W. Sprague Ave.
Suite 1500
Spokane, WA  99201
djkiepe at depdslaw.com<mailto:djkiepe at depdslaw.com>
509-455-5300

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 Maura McCoy
Sent: Tuesday, September 13, 2022 9:36 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto: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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