Legal Question in Wills and Trusts in Washington
probate
Widowed mother's home in her name only. Livingin in Washington State. will it go into probate upon her death? If so, how can she avoid this?
Asked on 8/19/02, 2:20 am
2 Answers from Attorneys
Bruce Busch
Bruce R. Busch, Attorney at Law
Re: probate
She can gift the home during her life or list another person as a joint owner with right of survivorship. HOWEVER, in most instances it would be better if the home remain in her name and it went through probate. Simple probates are neither complicated nor expensive in Washington State as long as she has a Will. There are capital gains benefits to passing the house through her estate and not by way of gift prior to her death.
Answered on 8/19/02, 2:50 am
Tom Turnbull
tomturnbull.com
Re: probate
Given your description, it sounds like the property would pass through probate. Setting up a living trust would be one way to avoid.
Answered on 8/19/02, 6:06 pm
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