[WSBARP] married persons listed on deed

[cyfield at rockisland.com]

Not to hijack the conversation, but I have a tangential issue. Decedent came
into raw property 40 years ago. He subsequently remarries and deeds property
to H and W "as husband and wife" and they build home/improve property. Some
30 years later H dies. Now 5 years after death of H, surviving spouse wants
to get property into her own name. Surviving W cant find original Will but a
copy purportedly executed year before death says estate passes to surviving
spouse and then lists a bunch of contingent charities.   However, the rub is
deceased spouse had several children from prior relationship who were not
involved in the last 20 years or so of his life.  

 

To clear title, options now include: 1)  trying to probate a copy of the
Will, which deceased kids may object to or 2) probating intestate estate.
My concern is that if we go intestate route, H's kids might try to say,
despite language in deed and time elapsed, that home is not "community
property" and, as a result, they are entitled to an intestate share and we
are left trying to do a detailed forensics accounting.  Am I overthinking
this? Admittedly, I haven't researched this in depth yet but was curious
what others thought shooting from the hip. TIA, Cy

 

Cyrus W. Field, Attorney at Law (admitted in Washington and Oregon); Phone:
360-472-1223 

Mail: POB 367, Shaw Island, WA 98286; Physical Office:  640 Mullis St #214,
Friday Harbor, WA

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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com>
On Behalf Of Paul Neumiller
Sent: Friday, December 10, 2021 10:34 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] married persons deed listed as joint tenants with
right of survivorship?

 

No for Island County.  In fact, I spoke with a local senior title officer
just yesterday and asked for the latest thought on vesting for married
persons.  He said they are now using Doe and Doe, "a married couple."  

 

 



 

 

From: wsbarp-bounces at lists.wsbarppt.com
<mailto:wsbarp-bounces at lists.wsbarppt.com>
<wsbarp-bounces at lists.wsbarppt.com
<mailto:wsbarp-bounces at lists.wsbarppt.com> > On Behalf Of Kary Krismer
Sent: Friday, December 10, 2021 10:28 AM
To: wsbarp at lists.wsbarppt.com <mailto:wsbarp at lists.wsbarppt.com> 
Subject: Re: [WSBARP] married persons deed listed as joint tenants with
right of survivorship?

 

No.

Kary L. Krismer
206 723-2148

On 12/10/2021 10:14 AM, Carolyn Lake wrote:

Is anyone noticing a trend of title companies drafting deeds to married
person as "joint tenants with right of survivorship" as opposed to " martial
community" or "as husband and wife"  ?

Did I miss some change? 

 

 

Onward! 

Carolyn A. Lake .   

Goodstein Law Group PLLC - 501 South "G" Street - Tacoma, WA 98405

253.779.4000 office -253.229.6727 cell -253.779.4411 fax

Please contact GLG Attorneys directly via cell phone or email.  

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