[WSBAPT] LOPA Question

Tue May 13 16:01:42 PDT 2025

As to Jordan's question: If you have a surviving spouse and all assets are community property of their marriage, the marital home could be the subject of a LOPA. If the decedent spouse also had a small account (<$100K) in their name, surviving spouse could use a Small Estate Affidavit to claim it because the decedent's estate "subject to probate" is under $100K.

As to the original question: I think you have to file a probate of husband's estate because the property in his name only is an asset acquired before marriage and thus it is his separate property. Under RCW 11.04.015, the surviving spouse receives: All of the net Community Property estate; and One-half of the net separate estate if the intestate is survived by issue . . .

The surviving spouse can Petition for a Spousal Allowance/Award, to ask that the Court award her the entire ownership of the house from decedent's estate.

Jane.

Jane G. Bitz
Of Counsel
WHC Attorneys PLLC
12209 E. Mission Ave, Suite 5
Spokane Valley, WA 99206-4824
(509) 927-9700 x126
FAX: (509) 777-1800

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Jordan Kostelyk
Sent: Tuesday, May 13, 2025 3:43 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] LOPA Question

Sorry, this is not an answer to the question but it came to my mind with the answers, Are both a LOPA and small estate affidavit allowed to be used together?

And any good resources someone can recommend to learn more about LOPA?
On 05/13/2025 3:32 PM PDT Dalynne Singleton <dalynne at glgmail.com<mailto:dalynne at glgmail.com>> wrote:

Sorry misread the posting - I meant cannot use Small Estate Affidavit.
The LOPA cannot be used when the property would have been the separate of the decedent and the wife wants to prepare and record the LOPA.

Dalynne Singleton
Dalynne Singleton
Gourley Law Group
Snohomish Escrow/The Exchange Connection
1002 10th Street / PO Box 1091
Snohomish, WA 98291
360.568.5065
360.568.8092  fax
dalynne at glgmail.com<mailto:dalynne at glgmail.com>  Website:  www.glglawgroup.com<http://www.glglawgroup.com/>
Attorney/client meetings will be handled virtually whenever possible.  If you would like to set a consultation, please call/email one my paralegals Valerie valerie at glgmail.com<mailto:valerie at glgmail.com>, Kelly kelly at glgmail.com<mailto:kelly at glgmail.com>, or Theresa theresa at glgmail.com<mailto:theresa at glgmail.com>.  My co-counsel is Attorney Spencer Clower with paralegal, Kristin Jacobs, for Estate litigation (spencer at glgmail.com<mailto:spencer at glgmail.com> kristin at glgmail.com<mailto:kristin at glgmail.com>) & Carrie Ulrich and Candace Wilkerson, co-counsel in probate (carrie at glgmail.com<mailto:carrie at glgmail.com> and candace at glgmail.com<mailto:candace at glgmail.com> ).

LICENSED IN WASHINGTON. IMPORTANT/CONFIDENTIAL: This e-mail message (and any attachments accompanying it) may contain confidential information, including information protected by attorney-client privilege. The information is intended only for the use of the intended recipient(s).  Delivery of this message to anyone other than the intended recipient(s) is not intended to waive any privilege or otherwise detract from the confidentiality of the message.  If you are not the intended recipient, or if this message has been addressed to you in error, do not read, disclose, reproduce, distribute, disseminate or otherwise use this transmission, rather, please promptly notify the sender by reply e-mail, and then destroy all copies of the message and its attachments, if any.
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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 Dalynne Singleton
Sent: Tuesday, May 13, 2025 3:31 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] LOPA Question

I think you are correct.  You cannot use a LOPA when there is real property involved.

Dalynne Singleton
Dalynne Singleton
Gourley Law Group
Snohomish Escrow/The Exchange Connection
1002 10th Street / PO Box 1091
Snohomish, WA 98291
360.568.5065
360.568.8092  fax
dalynne at glgmail.com<mailto:dalynne at glgmail.com>  Website:  www.glglawgroup.com<http://www.glglawgroup.com/>
Attorney/client meetings will be handled virtually whenever possible.  If you would like to set a consultation, please call/email one my paralegals Valerie valerie at glgmail.com<mailto:valerie at glgmail.com>, Kelly kelly at glgmail.com<mailto:kelly at glgmail.com>, or Theresa theresa at glgmail.com<mailto:theresa at glgmail.com>.  My co-counsel is Attorney Spencer Clower with paralegal, Kristin Jacobs, for Estate litigation (spencer at glgmail.com<mailto:spencer at glgmail.com> kristin at glgmail.com<mailto:kristin at glgmail.com>) & Carrie Ulrich and Candace Wilkerson, co-counsel in probate (carrie at glgmail.com<mailto:carrie at glgmail.com> and candace at glgmail.com<mailto:candace at glgmail.com> ).

LICENSED IN WASHINGTON. IMPORTANT/CONFIDENTIAL: This e-mail message (and any attachments accompanying it) may contain confidential information, including information protected by attorney-client privilege. The information is intended only for the use of the intended recipient(s).  Delivery of this message to anyone other than the intended recipient(s) is not intended to waive any privilege or otherwise detract from the confidentiality of the message.  If you are not the intended recipient, or if this message has been addressed to you in error, do not read, disclose, reproduce, distribute, disseminate or otherwise use this transmission, rather, please promptly notify the sender by reply e-mail, and then destroy all copies of the message and its attachments, if any.
[cid:image001.gif at 01DBC41E.F2938A20]   [cid:image002.png at 01DBC41E.F2938A20] [cid:image009.png at 01DBC420.4F211F90]    [cid:image010.png at 01DBC420.4F211F90]

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 James Dolan
Sent: Tuesday, May 13, 2025 3:18 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] LOPA Question

H & W second marriage.  Both H & W have children from previous marriages.

H purchases real property in his name prior to marriage.  This property is the residence where both H & W live.

H dies without a Will.  H & W did not have a CPA.  Real property is still in his name only.  All financial assets are POD to W.  The only property remaining in H's name is the residence.

I don't see any way to convey this property without intestate probate.  On paper it is not community property, so a LOPA will not work?

Anyone have a better idea?

Jim Dolan

=========================

Jones Butler Dolan, PS
P.O. Box 458
10027 SR 532
Stanwood, WA 98292
(tel) 360-336-2939
(fax) 360-336-2949

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(Ms.) Jordan D. Kostelyk, Esq.

Tel: 425-244-5196
Email: jordan at everlastinglegalsolutions.com<mailto:jordankostelykatlaw at gmail.com>
Website: https://everlastinglegalsolutions.com/

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