[WSBAPT] What Probate Does to (was to be ex) Wife's ability to Sell

[Nick Pleasants]

You have a bit of a problem because RCW 11.28.030 requires you to give notice to the wife before daughter can be appointed. If you really want to stop the sale, you could file and record a lis pendens using the probate cause. But you might ultimately lose and have to pay the wife damages. Not sure that daughter has a good position here, given that the divorce was not finalized so the wife has rights under RCW 11.54 as well.

Nicholas Pleasants | Shareholder

[OseranHahnAttyatLaw 8]

11225 SE 6th Street | Suite 100 | Bellevue, WA 98004
Main: (425) 455-3900 | Fax: (425) 455-9201 | E-mail: npleasants at ohswlaw.com<mailto:npleasants at ohswlaw.com>

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> on behalf of Jeff at bellanddavispllc.com <Jeff at bellanddavispllc.com>
Sent: Thursday, September 21, 2023 12:02 PM
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Subject: [WSBAPT] What Probate Does to (was to be ex) Wife's ability to Sell


Listmates:



Wife files for divorced.  H dies just before divorced finalized.  Wife, then uses a Small Estate Affidavit to take H’s bank account, she also lists community house for sale.  H had executed a new Will mentioning the divorce and leaving all to daughter.  We’ve told the realtor of the Will and fact daughter will be PR and once appointed will control the community property including the house.  Realtor seems nonplussed and is proceeding ahead.  Estate will open this afternoon.  Have any of you run into this; what are the best ways to stop the realtor and the Wife from proceeding?



Jeff



W. Jeff Davis

BELL & DAVIS PLLC

Attorneys at Law
P.O. Box 510

720 E. Washington Street, Suite 105
Sequim WA 98382
Phone: (360) 683.1129
Fax: (360) 683.1258
email: jeff at bellanddavispllc.com<mailto:jeff at bellanddavispllc.com>
www.bellanddavispllc.com<http://www.bellanddavispllc.com/>

The information contained in this e-mail message may be privileged, confidential, and protected from disclosure. If you are not the intended recipient, any dissemination, distribution, or copying is strictly prohibited. If you think that you have received this e-mail message in error, please e-mail the sender at info at bellanddavispllc.com<mailto:info at bellanddavispllc.com>  or call 360.683.1129.




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