[WSBAPT] Community property real estate

[Roger Hawkes]

Good reminder; the practical answer is often more important than the ‘legal’ answer.  Usually, you should do what is necessary to get the property into the successor’s name.

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Diane J. Kiepe
Sent: Friday, January 20, 2023 4:50 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Community property real estate

And I would just add that while the law seems clear, title companies will sometimes insist on a document transferring to survivor before insuring the next transfer.

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 John McCrady
Sent: Friday, January 20, 2023 4:33 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Community property real estate

Under RCW 11.04.015 the wife receives “all of the decedent’s share of the net community estate”

Under RCW 11.04.250 the title “shall vest in the heirs or devisees instantly upon the death of such decedent”

So there is no probate necessary for the title to vest in the surviving spouse.  That happens automatically at death.

That being said one must think about whether husband had a will, whether there are claims by creditors out there and whether DSHS may have rights.


John McCrady
Counsel
Puget Sound Title Company
5350 Orchard Street West
University Place WA 98467
253-476-5721
j.mccrady at pstitle.com<mailto:j.mccrady at pstitle.com>



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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 Ann Manley
Sent: Friday, January 20, 2023 4:05 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] Community property real estate

House is name of husband and wife. Bought while married, so community property. Husband dies, there is no community property agreement, so is probate necessary to put title in wife's name?

Ann Manley, Esq.
The Manley Law Firm, P.S., Inc.
PO Box 16324
Seattle, WA 98116
(206)292-3064 / (206)292-3914 fax
www.manleyfirm.com<http://www.manleyfirm.com>

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