[WSBAPT] Community property real estate

[Diane J. Kiepe]

The one thing I have learned in my 18 years in this field is what should be definite can change quickly based on the institution you are working with – so while that should definitely work, I’d be afraid to tell a client or colleague it would definitely work – that’s the one time it’s for sure not too 😉

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 <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Jamia Burns
Sent: Friday, January 20, 2023 6:56 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Community property real estate

If you have a will to back it up, then a title company will definitely accept a lack of probate affidavit. I usually record a lack of probate affidavit along with a redacted death certificate and a cover sheet with the legal description of the property at the county auditor's office. Then follow up with the assessor's office to make sure they updated the computer system to show that the surviving spouse is the sole owner.
Jamia S. Burns
Attorney at Law - Estate Planning
360-739-6379
www.jamiaburnslaw.com<http://www.jamiaburnslaw.com>
jamia at jamiaburnslaw.com<mailto:jamia at jamiaburnslaw.com>
Office: 1200 Dupont Street, Ste. 1-D
Bellingham, WA 98225 (by appointment only)

On Fri, Jan 20, 2023, 5:00 PM Ann Manley <ann at manleyfirm.com<mailto:ann at manleyfirm.com>> wrote:
There was a will. Is RCW 11.04.015 applicable?

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>

The Manley Law Firm practice areas include Bankruptcy*, Estate Planning, Auto Accidents, Civil Litigation, Construction, Commercial and Contract Law, Employment Matters, Personal injury, Small Business, Unemployment Claims, Wage Loss and Compensation claims

* The Manley Law Firm is a Debt Relief Agency. We help people file for bankruptcy relief under the Bankruptcy Code.

This email and any files transmitted with it are privileged, confidential, and intended solely to whom they are addressed. Any unauthorized use, copying, review or disclosure is prohibited. If you have received this communication in error, please immediately notify the sender.


On Fri, Jan 20, 2023 at 4:38 PM John McCrady <j.mccrady at pstitle.com<mailto:j.mccrady at pstitle.com>> wrote:
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>



Beginning July 26, 2021, recording fees for most documents recorded in Washington will increase by $100<https://www.piercecountywa.gov/DocumentCenter/View/105275/Recording-Fee-Schedule-Effective-Jul-25-2021->. Please be sure to collect recording fees accordingly. Due to the above increase, our Reconveyance fees will also be increased by $100.00

WARNING-FRAUDULENT FUNDING INSTRUCTIONS
Email hacking and fraud are on the rise to fraudulently misdirect funds.  Please call your escrow officer immediately using contact information found from an independent source, such as the sales contract or internet, to verify any funding instructions received.  We are not responsible for any wire sent by you to an incorrect bank account.


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>

The Manley Law Firm practice areas include Bankruptcy*, Estate Planning, Auto Accidents, Civil Litigation, Construction, Commercial and Contract Law, Employment Matters, Personal injury, Small Business, Unemployment Claims, Wage Loss and Compensation claims

* The Manley Law Firm is a Debt Relief Agency. We help people file for bankruptcy relief under the Bankruptcy Code.

This email and any files transmitted with it are privileged, confidential, and intended solely to whom they are addressed. Any unauthorized use, copying, review or disclosure is prohibited. If you have received this communication in error, please immediately notify the sender.

***Disclaimer: Please note that RPPT listserv participation is not restricted to practicing attorneys and may include non-practicing attorneys, law students, professionals working in related fields, and others.***
_______________________________________________
WSBAPT mailing list
WSBAPT at lists.wsbarppt.com<mailto:WSBAPT at lists.wsbarppt.com>
http://mailman.fsr.com/mailman/listinfo/wsbapt
***Disclaimer: Please note that RPPT listserv participation is not restricted to practicing attorneys and may include non-practicing attorneys, law students, professionals working in related fields, and others.***
_______________________________________________
WSBAPT mailing list
WSBAPT at lists.wsbarppt.com<mailto:WSBAPT at lists.wsbarppt.com>
http://mailman.fsr.com/mailman/listinfo/wsbapt
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20230123/6d4bbe70/attachment.html>