[WSBAPT] Heirs of deceased Heir

[Eric Nelsen]

Law school exam! How I don't miss those.

It sounds like, I think: H dies, married to W, with a Community Property Agreement. I'm guessing it's a three-prong agreement that says everythng they own is cp, everything they acquire thereafter is cp, and at death of one the other inherits all cp? In that case, all property passed to W upon H's death, and H's will shouldn't enter into things at all. Or is there some property that didn't get captured by the Community Property Agreement?

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 <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of michael westseattleattorney.com
Sent: Thursday, January 5, 2023 8:22 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Heirs of deceased Heir

Decedent dies testate and is survived by sister who he disinherits. His brother died a couple years ago and left a son. Will specifically says deceased brother's share would lapse if he predeceased him. So that is simple; but Decedent had executed and recorded a Transfer on Death Deed giving his real estate as tenants in common, to his deceased brother, his deceased brother's wife, and two friends.  Would the heirs of the deceased brother take his share of the real property? If yes, since he had a Community Property Agreement with his wife who died a year after he died, would wife's heirs take instead or are they subject to the Wills lapse language?
Thanks
Mike

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