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  1. #1
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    Aug 2007
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    Default Removing A Deceased Person From The Title

    How do I remove deceased from title Washington State

  2. #2
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    Jan 2006
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    38,867

    Default Re: deceased on title

    well, when the decedants estate was probated, there would be actions taken to allow this.

    was the estate probated? was any action taken to finalize and distribute their estate?

  3. #3
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    Default Re: deceased on title

    There was no probate

  4. #4
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    Default Re: deceased on title

    why not?

    is this person related to you? did you inherit the property?

    give a bit of explanation so we can see the big picture.

  5. #5
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    Default Re: deceased on title

    Deceased was not a relative but significant other, we purchased property together and signed survivor clause on loan but this does not cover title. I want to get home equity loan. County title and title company say there is no way to remove name without selling property and going through escrow. there was no probate, no disputing heirs.

  6. #6
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    Default Re: Removing A Deceased Person From The Title

    how was title held? tenants in common? joint? joint with rights of survivorship?

    depending on how title was held, you may have no rights to the other half of the property his (her) heirs would.

    was there a will?

  7. #7
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    Default Re: Removing A Deceased Person From The Title

    ther was no will and it was as co- owners.

  8. #8
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    Default Re: Removing A Deceased Person From The Title

    co-owners is not a legal form of ownership of property. There are more specific terms. Was it tenants in common or joint with or without rights of surviviorship?

    It will say it right on the deed.

  9. #9
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    Default Re: Removing A Deceased Person From The Title

    Deed say______ a single individual and ______ a single individual,



    Thanks for yor interest

  10. #10
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    Default Re: Removing A Deceased Person From The Title

    ok, so what is after that?

    You aren't willing to come forth with info and I am not a dentist. so I am not going to pull teeth to get the info.

    Some basic facts;

    depending on how title was held, you may have rights to his 1/2. Depending on how title was held, yo may have no rights to his 1/2 while his heirs would.

    If he owed anything, his estte is liable for those debts and depending on how title was held, they may be able to claim his 1/2 of the property to settle those debts.

    You (or actually a family member) may be required to open probate to settle his estate.

    the laws of intestate succession in Washington:

    The net estate of a person dying intestate, or that portion thereof with respect to which the person shall have died intestate, shall descend subject to the provisions of RCW 11.04.250 and 11.02.070, and shall be distributed as follows:

    (1) Share of surviving spouse. The surviving spouse shall receive the following share:

    (a) All of the decedent's share of the net community estate; and

    (b) One-half of the net separate estate if the intestate is survived by issue; or

    (c) Three-quarters of the net separate estate if there is no surviving issue, but the intestate is survived by one or more of his parents, or by one or more of the issue of one or more of his parents; or

    (d) All of the net separate estate, if there is no surviving issue nor parent nor issue of parent.

    (2) Shares of others than surviving spouse. The share of the net estate not distributable to the surviving spouse, or the entire net estate if there is no surviving spouse, shall descend and be distributed as follows:

    (a) To the issue of the intestate; if they are all in the same degree of kinship to the intestate, they shall take equally, or if of unequal degree, then those of more remote degree shall take by representation.

    (b) If the intestate not be survived by issue, then to the parent or parents who survive the intestate.

    (c) If the intestate not be survived by issue or by either parent, then to those issue of the parent or parents who survive the intestate; if they are all in the same degree of kinship to the intestate, they shall take equally, or, if of unequal degree, then those of more remote degree shall take by representation.

    (d) If the intestate not be survived by issue or by either parent, or by any issue of the parent or parents who survive the intestate, then to the grandparent or grandparents who survive the intestate; if both maternal and paternal grandparents survive the intestate, the maternal grandparent or grandparents shall take one-half and the paternal grandparent or grandparents shall take one-half.

    (e) If the intestate not be survived by issue or by either parent, or by any issue of the parent or parents or by any grandparent or grandparents, then to those issue of any grandparent or grandparents who survive the intestate; taken as a group, the issue of the maternal grandparent or grandparents shall share equally with the issue of the paternal grandparent or grandparents, also taken as a group; within each such group, all members share equally if they are all in the same degree of kinship to the intestate, or, if some be of unequal degree, then those of more remote degree shall take by representation.

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