[WSBAPT] Disposition of Real Property at Death

Wed Mar 18 03:20:31 PDT 2026

11.02.005

(11) "Issue" means all the lineal descendants of an individual. An adopted
individual is a lineal descendant of each of his or her adoptive parents
and of all individuals with regard to which each adoptive parent is a
lineal descendant. A child conceived prior to the death of a parent but
born after the death of the deceased parent is considered to be the
surviving issue of the deceased parent for purposes of this title.

Mark C. McClure

*Managing Attorney *Law Office of Mark McClure, PS

*"Why Retire With Debt?"*1103 West Meeker Street, #101
Kent, WA 98032
Office:  253.631.6484
Email: Mark at McClureLawGroup.com
*Notice of Unavailability:*

*TBD*

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On Tue, Mar 17, 2026, 9:53 PM Laura Latta <laura at lauralatta.com> wrote:

> RCW 11.04.015(1)(d) says the spouse gets the whole separate estate if
> there is no issue, no parent, nor issue of parent.
>
> So, I don’t think you get to the level of cousins (which would be the
> issue of the grandparent) when there is a spouse.
>
> But yes, if Bob had siblings or nieces and nephews, then the community
> property argument is (as Heather pointed) out most protective of Jane’s
> interest.
>
> The facts stated said he is survived only by Jane so possibly
> 11.04.015(1)(d) applies.
>
> On Tue, Mar 17, 2026 at 5:08 PM Mark McClure, J.D. - McClure Law Group <
> mark at mcclurelawgroup.com> wrote:
>
>> "Jane likely attains Bob's interest through probate even if the assets
>> are not sufficiently comingled to render them comunity property. "
>>
>> Why would this be the case rather than next of kin via intestacy la
>> There is always a third cousin....
>>
>> Mark C. McClure
>>
>> *Managing Attorney *Law Office of Mark McClure, PS
>>
>> *"Why Retire With Debt?"*1103 West Meeker Street, #101
>> <https://www.google.com/maps/search/1103+West+Meeker+Street,+%23101?entry=gmail&source=g>
>> Kent, WA 98032
>> Office:  253.631.6484
>> Email: Mark at McClureLawGroup.com
>> *Notice of Unavailability:*
>>
>> *TBD*
>>
>>
>> *CONFIDENTIALITY NOTICE:* This email contains legal stuff. If you are
>> not the intended recipient you could get into a lot of trouble if you read
>> it, and even more trouble if you tell someone else about it. So, the best
>> thing to do is ignore it and forget you ever saw it. Thank you.
>>
>>
>>
>> On Tue, Mar 17, 2026, 5:04 PM Laura Latta <laura at lauralatta.com> wrote:
>>
>>> I agree with Heather and Amy, but wanted to add that even if Bob's
>>> interest is separate property, Jane receives 100% of Bob's separate
>>> property if he is not survived by issue or parents. So based on the facts
>>> provided, Jane likely attains Bob's interest through probate even if the
>>> assets are not sufficiently comingled to render them comunity property.
>>>
>>> On Tue, Mar 17, 2026 at 4:45 PM Lewis, Amy C. <ALewis at eisenhowerlaw.com>
>>> wrote:
>>>
>>>> I agree with Heather.  It is often tempting to look for a way to avoid
>>>> probate, but going through probate will give the wife (plus her heirs
>>>> and/or a future title company) certainty that no issues are going to crop
>>>> up later.
>>>>
>>>> Amy Lewis, Attorney
>>>> Pronouns she/her/hers
>>>>
>>>> 909 A Street, Suite 600 | Tacoma, WA 98402
>>>> <https://www.google.com/maps/search/909+A+Street,+Suite+%0D%0A600+%7C+Tacoma,+WA+98402?entry=gmail&source=g>
>>>> phone 253.572.4500 | fax 253.272.5732 | www.eisenhowerlaw.com
>>>>
>>>> *From:* wsbapt-bounces at lists.wsbarppt.com <
>>>> wsbapt-bounces at lists.wsbarppt.com> *On Behalf Of *Heather de Vrieze
>>>> *Sent:* Tuesday, March 17, 2026 4:39 PM
>>>> *To:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>; WSBA
>>>> Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
>>>> *Subject:* Re: [WSBAPT] Disposition of Real Property at Death
>>>>
>>>>
>>>>
>>>> The most protective of her interests and rights would be to open a
>>>> probate, notify any other of Bob’s heirs at law, perhaps articulating her
>>>> position is that this is community property based on the likelihood that it
>>>> has been comingled with community property, and if anyone objects, seek a
>>>> family support award (analysis of eligibility based on other assets and
>>>> values).
>>>>
>>>> Then Jane can deed Bob’s interest in the property to herself and close
>>>> the probate.
>>>>
>>>> Heather
>>>>
>>>> Heather S. de Vrieze
>>>> *(she/her)*
>>>>
>>>> *Attorney-at-Law*
>>>>
>>>> 3909 California Avenue SW
>>>> <https://www.google.com/maps/search/3909+California+Avenue+SW+%0D%0A+Seattle,+WA+98116-3705?entry=gmail&source=g>
>>>>
>>>> <https://www.google.com/maps/search/3909+California+Avenue+SW+%0D%0A+Seattle,+WA+98116-3705?entry=gmail&source=g>
>>>>
>>>> Seattle, WA 98116-3705
>>>> <https://www.google.com/maps/search/3909+California+Avenue+SW+%0D%0A+Seattle,+WA+98116-3705?entry=gmail&source=g>
>>>>
>>>>
>>>> <https://www.google.com/maps/search/3909+California+Avenue+SW+%0D%0A+Seattle,+WA+98116-3705?entry=gmail&source=g>
>>>>
>>>> (206)938-5500
>>>> <https://www.google.com/maps/search/3909+California+Avenue+SW+%0D%0A+Seattle,+WA+98116-3705?entry=gmail&source=g>
>>>>
>>>> heatherd at westseattlelaw.com
>>>>
>>>> www.westseattlelaw.com
>>>>
>>>>
>>>>
>>>> *Click here to connect with de Vrieze | Carney on Facebook: *  *[image:
>>>> FB Logo]* <https://www.facebook.com/DeVriezeCarney>
>>>>
>>>>
>>>>
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>>>>
>>>> *From:* wsbarp-bounces at lists.wsbarppt.com <
>>>> wsbarp-bounces at lists.wsbarppt.com> *On Behalf Of *Mark Anderson
>>>> *Sent:* Tuesday, March 17, 2026 4:18 PM
>>>> *To:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>; WSBA
>>>> Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
>>>> *Subject:* [WSBARP] Disposition of Real Property at Death
>>>>
>>>>
>>>>
>>>> Dear Listmates:
>>>>
>>>> This may be basic to some of you, but not to me, at least this late in
>>>> the day.
>>>>
>>>> Bob, an unmarried individual, and Jane, an unmarried individual,
>>>> purchased a home (i.e., real property) as tenants-in-common.  Bob and Jane
>>>> are both obligors on the home loan.
>>>>
>>>> Years go by. Bob and Jane marry each other.  They never have any
>>>> children.  They never execute a community property agreement.  They never
>>>> change the title to the home.
>>>>
>>>> Even more years go by.  Bob dies without a will.  Bob is survived only
>>>> by Jane.
>>>>
>>>> Jane wants to remove Bob from title to the home.  What is Jane's best
>>>> course of action?
>>>>
>>>> Thanks.
>>>>
>>>>
>>>> *Mark B. Anderson *ANDERSON LAW FIRM PLLC
>>>> 821 Dock Street, Suite 209
>>>> <https://www.google.com/maps/search/821+Dock+Street,+Suite+209?entry=gmail&source=g>,
>>>> PMB 4-12
>>>> Tacoma, Washington 98402
>>>> +1 253-327-1750
>>>> +1 253-327-1751 (fax)
>>>> marka at mbaesq.com
>>>> www.mbaesq.com
>>>>
>>>>
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