[WSBARP] married persons listed on deed

[Jennifer L White]

Cy,
I just had a similar situation, and took a different approach - I skipped the probate altogether and filed a straight petition for a family support award for the SS asking that her award consist of the title to the family home. A support award can be made out of both decedent's community and separate property, so you can side-step those thorny characterization issues. The amount of the basic award is tied to the homestead exemption, which was increased (in most instances) in May of this year. It is now the greater of $125,000 or the median price for the county in which the property is located per an annual U of W publication. I don't know what county you are talking about, but for example, in King Co for 2021 it is up to $729,600. Filing in this way is not 100% fool proof, as the kids from the prior relationship can request that the award be divided between SS and them. However, there is case law that talks about keeping a SS in a homestead. Under your facts, you would be doing the same thing, plus you have the situation that the step-kids have not been around for 20 years. A property is hard to divide, and I think a court would have a hard time making your client sell the house to get the step-kids cash. Sympathies for getting the family home to your client seem strong IMHO.
Doing it this way you hit the ground running, so you'll know right away if there is going to be push back. It's a more aggressive approach, but you cut to the chase and get right to the heart of the issue. If the step-kids don't respond to the TEDRA petition, then they're out of luck. You said you were at 5 years - and without a probate already having been filed, you get up to 6 years after death in which to make the filing.
If you want to talk about it further, message me off list.
Jen

Jennifer L. White, Esq.
[cid:image002.jpg at 01D7F028.7F5B31C0]

jen at appletreelaw.com<mailto:jen at appletreelaw.com>
PO Box 11037
Yakima, WA 98909
509.225.9813

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of cyfield at rockisland.com
Sent: Friday, December 10, 2021 11:55 AM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] married persons listed on deed

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<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto: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<mailto: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."


[cid:image003.jpg at 01D7F028.7F5B31C0]


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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