[WSBARP] Probabe question, can I probate mother and daughter's estates in single case.

Mon Mar 3 09:26:46 PST 2014

Yes; if husband intends to sell the property now there may be a title
insurance solution.  Your title company may be willing to accept a “Lack
of Probate Affidavit” as to the Mother’s interest.    The title company
would want a copy of the daughter’s death certificate in hand, and they
will want the Community Property Agreement recorded.  Those steps would
typically be sufficient to allow the title to be insured.

There may be up to a double premium for the extra risk, depending on the
rate filing by the insurer.

John McCrady

Counsel

Puget Sound Title Company

5350 Orchard Street West

University Place WA 98466

253-476-5721

From: wsbarp-owner at lists.wsbarppt.com
[mailto:wsbarp-owner at lists.wsbarppt.com] On Behalf Of swhite8893 at aol.com
Sent: Monday, March 03, 2014 8:54 AM
To: wsbarp at lists.wsbarppt.com
Subject: Re: [WSBARP] Probabe question, can I probate mother and
daughter's estates in single case.

Preston,

     You need to work with a title company as to what they need. In some
circumstances, if you can provide enough documentation, they will insure a
party's interest without a probate.

Steve Whitehouse

Stephen Whitehouse

Whitehouse & Nichols, LLP

Attorneys at Law

P.O. Box 1273

601 W. Railroad Ave.

Shelton, Wa. 98584

360-426-5885

swhite8893 at aol.com

-----Original Message-----
From: PrestonFoskey <preston at plfps.comcastbiz.net>
To: wsbarp <wsbarp at lists.wsbarppt.com>
Sent: Mon, Mar 3, 2014 7:48 am
Subject: [WSBARP] Probabe question, can I probate mother and daughter's
estates in single case.

Listmates:

                When daughter was quite young her father passed away and
the primary asset the family home went to mother and daughter in unequal
shares.  Mother never remarried and daughter is her only child.   Daughter
married and she and husband have no children.

                Mother passed away about 8 years ago without a will.
Daughter was only heir.  Mother’s estate never probated.

                Daughter and husband have wills naming each other as sole
heir.

                Daughter and husband also have community property
agreement.

                Daughter passes away about six months ago.

                If husband probates only mother’s estate can real estate
be transferred directly to him under the community property agreement
between him and deceased daughter?

                If not do I need to probate both estates since daughter is
no longer alive to receive real property though mother’s probate?

                If I have to probated both estates can I do them in a
single filing.  I have done a joint husband and wife probate when they
died at different times but don’t know if it is appropriate to do joint
mother/daughter probate.

                Any ideas would be appreciated.

                Thanks in advance.

Preston L. Foskey, Attorney at Law

WSBA # 12509

Preston L. Foskey, P. S.

8248 East D Street

Tacoma, Washington 98404-1042

Phone:  253.535.5829  Fax:  253.535.9391

E-Mail:  preston at plfps.comcastbiz.net

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Bar Association nor its officers or agents. 

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All opinions and comments in this message represent the views of the
author and do not necessarily have the endorsement of the Washington State
Bar Association nor its officers or agents. 

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