[WSBARP] PC who does not want to probate

Andrew Hay andrewhay at washingtonlaw.net
Tue Mar 26 09:00:16 PDT 2019


How does title get from Dad to the sister without some validation of the will?

Andrew Hay
Hay & Swann PLLC
201 South 34th Street
Tacoma, WA  98418
Phone: (253) 272-2400
Fax:     (253) 267-8947
www.washingtonlaw.net<http://www.washingtonlaw.net/>


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From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of John McCrady
Sent: Tuesday, March 26, 2019 8:54 AM
To: WSBA Real Property Listserv
Subject: Re: [WSBARP] PC who does not want to probate

As I understand the facts that should work.  You would need a lack of probate affidavit for the death of Mom to put record title in Dad (provided there was no probate.)  Title passes on death of Dad to Sister and the lack of probate affidavit evidences that.  The deed passes title from Sister to Brother, and should be excise tax exempt provided there is no debt.

John McCrady
Counsel
Puget Sound Title Company
5350 Orchard Street West
University Place WA 98467
253-476-5721
j.mccrady at pstitle.com

From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of nestor at pplsweb.com
Sent: Monday, March 25, 2019 5:12 PM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] PC who does not want to probate

I have a PC. Title in Mom and Dad. Mom passed away several years ago and  Dad just passed away. PC wants the property transferred to him without probate. His sister is OK with that. The will leaves the property to sister.
Can we transfer with a Lack of Probate Affidavit and a deed from Sister to Brother?


Nestor Gorfinkel, Attorney at Law
Licensed in Washington & Florida
Florida Civil-Law (International) Notary

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