[WSBARP] Disposition of Real Property at Death

[John McCrady]

I agree that probate is the best course of action.  Title to the house passed at death to Bob's heirs, whoever they might be.  The house is separate property until a judge says it is a "community" type asset and Jane will get only her statutory share of his separate property.   We hope there are no siblings or nephews waiting for their share of the estate.


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





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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Heather de Vrieze
Sent: Tuesday, March 17, 2026 4:39 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>; WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBARP] Disposition of Real Property at Death


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The most protective of her interests and rights would be to open a probate, notify any other of Bob's heirs at law, perhaps articulating her position is that this is community property based on the likelihood that it has been comingled with community property, and if anyone objects, seek a family support award (analysis of eligibility based on other assets and values).
Then Jane can deed Bob's interest in the property to herself and close the probate.
Heather
Heather S. de Vrieze
(she/her)
Attorney-at-Law
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3909 California Avenue SW
Seattle, WA 98116-3705
(206)938-5500
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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 Mark Anderson
Sent: Tuesday, March 17, 2026 4:18 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>; WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBARP] Disposition of Real Property at Death

Dear Listmates:
This may be basic to some of you, but not to me, at least this late in the day.
Bob, an unmarried individual, and Jane, an unmarried individual, purchased a home (i.e., real property) as tenants-in-common.  Bob and Jane are both obligors on the home loan.
Years go by. Bob and Jane marry each other.  They never have any children.  They never execute a community property agreement.  They never change the title to the home.
Even more years go by.  Bob dies without a will.  Bob is survived only by Jane.
Jane wants to remove Bob from title to the home.  What is Jane's best course of action?
Thanks.
Mark B. Anderson
ANDERSON LAW FIRM PLLC
821 Dock Street, Suite 209, PMB 4-12
Tacoma, Washington 98402
+1 253-327-1750
+1 253-327-1751 (fax)
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