Legal Question in Wills and Trusts in Washington

Avoiding Probate by changing Title to Trust?

Father died intestate. Mother's health poor. Need to do will for mother (no witnesses to her will either).

Family Trust is signed by grantors (father and mother) and trustees (brother and sister).

Can we not probate and simply change title of house (joint) and fishing vessel (joint) to Trust ?


Asked on 8/10/08, 6:23 pm

1 Answer from Attorneys

Bruce Busch Bruce R. Busch, Attorney at Law

Re: Avoiding Probate by changing Title to Trust?

You really should consult with an attorney on all this. Given the facts you have provided, you could probably get away with an Affidavit in Lieu of Probate for the property if it was community as long as a title insurance company would accept it. Some do, some don't with real property. Once that is done, your mother would transfer the property into the trust via a quitclaim deed. But see an attorney. They would make your life a lot easier for the cost. They may suggest a probate of your father's estate and depending on the assets that may be required. But if everything is community property you can probably avoid that with the affidavit in lieu of probate. That instrument isn't intended for real property but if there are no creditor issues and the title company accepts it, it often does the trick for transfers to the surviving spouse.

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Answered on 8/16/08, 6:49 am


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