Legal Question in Wills and Trusts in Washington

My spouse died in 2003. There was no will. Both are names were on the deed to our house. I went thru the court system and had her name taken off and my name only placed on the will after her death. Currrently I'm trying to get a loan modification on my house but was told that the house needs to go thru probate. When I went to get a copy of the deed from the court, I was told all I needed was a copy of the deed showing my name only. Who is correct in this matter? I would appreciate any information you can give me. Thank You.


Asked on 8/04/09, 10:12 pm

1 Answer from Attorneys
James J. White, attorney Law Offices of Smith & White, PLLC

Most Deeds in Washington State are construed as "joint tenancy with right of survivorship" meaning that the house automatically is in your name upon her death. Further, the Court would be unwill to remove her name from the deed if she was still a party in interest. Bottomline, the court is right. If you read the news, you'll see that many people are getting the proverbial "run around" when it comes to loan modifications. Perhaps you should hire a professional to represent you in the modification.

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Answered on 8/11/09, 6:28 pm


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