[WSBARP] Options other than probate

[Leighann Hansing]

The general consensus was that probate would either happen now or later and now would be much more affordable now.

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Mark Anderson
Sent: Wednesday, February 9, 2022 10:45 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Options other than probate

I would be interested in hearing the recommendations of anyone else if those recommendations differ from mine.

Mark B. Anderson
ANDERSON LAW FIRM PLLC
821 Dock St  Ste 209  PMB 4-12
Tacoma, Washington 98402
+1 253-327-1750
+1 253-327-1751 (fax)
marka at mbaesq.com<mailto:marka at mbaesq.com>
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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 Leighann Hansing
Sent: Wednesday, February 9, 2022 10:32 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] Options other than probate

Thank you Mark and to those who reached out directly. This is how I will be proceeding. I appreciate all the responses.

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 Mark Anderson
Sent: Wednesday, February 9, 2022 10:23 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] Options other than probate

Seems that probate of the mom's estate would be the most expeditious route.  Get appointed as PR, deed the property to Client, close the probate.  Then execute and record the TOD deed.
A lack of probate affidavit does not itself transfer title; it merely permits title to be insured.

Mark B. Anderson
ANDERSON LAW FIRM PLLC
821 Dock St  Ste 209  PMB 4-12
Tacoma, Washington 98402
+1 253-327-1750
+1 253-327-1751 (fax)
marka at mbaesq.com<mailto:marka at mbaesq.com>
www.mbaesq.com<https://na01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.mbaesq.com%2F&data=04%7C01%7C%7C565558f8554848174f1b08d9ebfd387e%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C637800295085783232%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000&sdata=fPkZqO74o5Yme7VY1dnVns2oADDLa3NEgTBnh%2FFa6Ww%3D&reserved=0>
CONFIDENTIALITY NOTICE
This transmission is confidential and is intended solely for the use of the individual named recipient. It may be protected by the attorney-client privilege, work product doctrine, or other confidentiality protection. If you are not the intended recipient, or the person responsible to deliver it to the intended recipient, be advised that any dissemination, distribution, or copying of this communication is prohibited. If you have received this transmission in error, please immediately notify the sender via e-mail or by telephone at (253) 327-1750 that you have received the message in error, and then delete it. Thank you.

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 Leighann Hansing
Sent: Tuesday, February 8, 2022 11:28 AM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: [WSBARP] Options other than probate

Listmates,
I have a client who wants to record a Transfer on Death Deed on her debt-free real property in King County to avoid probate.  I discovered, however, that the property is currently jointly owned by the client and her deceased mother. No joint tenancy or survivorship language.  Mom died in 2008. Client was the sole beneficiary to mom's estate under her will (no siblings). If client had predeceased mom, the property would have gone to client's son (who the property would transfer to under the desired TOD deed.) I know title companies use a Lack of Probate Affidavit to clear a title but the authority to do so is a little murky especially in King County. Is probate inevitable?

Many thanks,

Leigh Ann Hansing
Attorney | Hansing Legal
14201 SE Petrovitsky Rd. #3A169
Renton, WA 98058
mobile: (425) 202-5922
hansinglegal at outlook.com<mailto:leighann at mcdonellmacduff.com>


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