[WSBAPT] TOD Issue

Candace Wilkerson cwilkerson at wongfleming.com
Tue Jan 10 13:38:15 PST 2023


Are the children minors?  If so, probably not.

Best,
Candace Wilkerson

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Maura McCoy
Sent: Tuesday, January 10, 2023 4:11 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] TOD Issue

The decedent left behind a spouse and two kids from a previous relationship. Decedent owned a house as separate property and created a TOD for that property to go to his two kids. House has a mortgage. Mortgage lender refuses to talk to surviving spouse or kids, or even provide payoff amount and is requesting letters testamentary.  Has anyone dealt with this issue before? Any ideas on ways to avoid opening probate?


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

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