Legal Question in Wills and Trusts in Washington
Property ownership upon death
The house was in the wife's name and she died. (No children between them or no children by the wife.) Does the property ownership transfer automatically?Does the husband have to do anything to ensure the house is now his?
2 Answers from Attorneys
Re: Property ownership upon death
I agree with Ms. Powell for the most part (other than that I do not provide a free initial consultation). However, I would add that even if the property is community in nature, an Affidavit in Lieu of Probate recorded with the county where the property is located would help your beneficiaries down the line and clear up any confusion that a title company may have regarding chain of title.
Remember, I'm an attorney but I'm not YOUR attorney. Only a thorough review of your situation by a competent attorney after an attorney-client relationship has been established will result in an informed legal opinion.
Re: Property ownership upon death
First off, sorry to hear about the death. WA is a community property state, and property is (with a few exceptions) vested in both members of the marital community unless there is an agreement to the contrary.
Under these circumstances, the husband *probably* does not need to open a probate. But I'm only going on what you asked here, and with different facts I could have a very different answer. Safest to ask a local attorney who does probate and estate work.
Most of these attorneys do not charge for an initial consultation.
Elizabeth Powell
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