Legal Question in Wills and Trusts in Washington

probate question

My dad's girlfriend of 18 yrs passed away. They lived together for 18 years and own a house together. There was no will. What are my dad's rights to the house that has both names on the title? Their car was only in her name. They have several bills in both names. What should he do? He is trying to protect their assessts from her family.


Asked on 6/10/07, 12:52 am

2 Answers from Attorneys

Bruce Busch Bruce R. Busch, Attorney at Law

Re: probate question

As Ms. Powell correctly suggested, HAVE HIM CONSULT WITH AN ATTORNEY. Definitely worth the effort in this case. He is likely entitled to 1/2 the house at the very least.

Good Luck.

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Answered on 6/11/07, 1:30 pm
Elizabeth Powell ELizabeth Powell PS Inc

Re: probate question

It depends on how title in the house was described - whether it was a joint tenancy with a right of survivorship (JTROS) or a tenancy in common. Same with bank accounts, retirement accounts, etc.

Life insurance is not a probate asset.

Dig out the documents from the purchase and sale including the deed/deed of trust and see what it says.

Because he wasn't married to his girlfriend, her family - parents, her children have more of an interest in her property than he does - I say that, but it depends on how they structured things, but you say they were not married.

Smartest thing he can do right now is to contact a local attorney who understands family law and probate issues for a consultation. If you contact your local Bar they can help you find a local attorney who understands these issues. BE SURE they are current on family law.

Probate with no will is called an adjudication of intestacy (mouthful, that). It is very similar to a probate with a will, but there is a mandatory plan for distribution of assets and there is no boyfriend/girlfriend beneficiary category.

He may have a problem regarding the real property. If he and the girlfriends' family can remain civil, it may avoid subsequent litigation over the house, and the matter could be resolved by agreement rather than by a judge.

Hope this helps. Elizabeth Powell

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Answered on 6/10/07, 11:57 am


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