[WSBAPT] Joint real property with right of survivorship - anything additional recorded at death of joint tenant?

Matt Johnson Matt at gravislaw.com
Fri Jul 24 09:08:00 PDT 2015


All,

Where you are using the small estate affidavit process for transferring registration of shares in a Corporation, do you typically serve it upon the Corporation or the Corporation's transfer agent? And/or have you had more success serving on the Corporation or its transfer agent?

Thank you in advance,

Matthew R. Johnson| Attorney at Law
Gravis Law, PLLC
P.O. Box 182 | 350 E. Main St.
Dayton, WA 99328
509-382-2030 (office)
509-952-2947 (cell)
Website <https://www.gravislaw.com/> - LinkedIn<https://www.linkedin.com/pub/matthew-r-johnson/2b/997/87a>

NOTICE:  This email (including any attachments) is covered by the Electronic Communications Privacy Act (EPCA), 18 U.S.C., Sec. 2510 - 2522, is confidential and privileged.  This email is solely for the personal and confidential use of the recipient(s) named above.  Receipt by anyone other than the individual recipient(s) is NOT a waiver of attorney-client privilege.  Any violation of the ECPA is subject to the penalties stated therein. If you have received this message in error, please notify me immediately by reply e-mail to matt at gravislaw.com<mailto:matt at gravislaw.com> and immediately delete the original message.

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Jennifer Johnson
Sent: Thursday, July 23, 2015 5:14 PM
To: 'WSBA Probate & Trust Listserv'
Subject: Re: [WSBAPT] Joint real property with right of survivorship - anything additional recorded at death of joint tenant?

I haven't run into this with an auditor's office yet, but I have received this advice from employees in Treasurer's office, one of whom was nice enough to suggest how I should word my deed in case I didn't understand how it should be done.  This person wouldn't do anything unless I presented a deed (wouldn't accept a death certificate) with the deceased spouse's name on it, so I did a deed from the surviving spouse, as herself and as her husband's heir, to the surviving spouse and claimed the inheritance exemption on the REET.  It took less time for me to do the deed than it took for me to argue, and my client was ok with that, so that's what we did.  In other situations, if there has been a community property agreement, then I've recorded an affidavit and death certificate.

One of the Treasurers that I talked to about this issue told me that they are getting more stringent about these situations because of information that they received from the Department of Revenue about transfers when a married person dies.  I've attached a copy of the document that she shared with me.  I'd be interested to get others' opinions about this.

Jennifer

Jennifer M. Johnson | Attorney
Hanigan Law Office, P.S.
P.O. Box 39 / 68 Main Street
Cathlamet, WA 98612
(360) 795-3494

[cid:image001.png at 01D0C5EF.F68855D0]





On 7/23/15 4:06 PM, "Mike Winslow" <mike at winslegal.com> wrote:
The language used in the deed "husband and wife" establishes community property. The reference to survivorship is extraneous. There is no need to record an additional deed. The clerk at the auditor's office is practicing law, and that not very well.

It would be useful to record an Affidavit of Community Property, with attachment of the death certificate (redacting the SSN and any other info you don't want in the public record).
You should also notify the Assessor/Treasurer of the death and they will change the tax rolls to the survivor's name.

A form of affidavit is available at the DOR website and complies with the rules for exemption from excise tax. http://dor.wa.gov/content/Search/Default.aspx?search=affidavit+community+property
Select the first item in the screen and you will  see the form in PDF.

More Dirt, Than Dead,



Michael A. Winslow
1204 Cleveland Ave.
Mount Vernon, WA 98273
Ph. 360-336-3321
Em. Mike at winslegal.com

This message is from an attorney, so it's confidential. If you are not the intended recipient, it's too late to stop reading this message, but you may not use it for any improper purpose. Huge Disclaimer available upon request.


From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Kristina DeVore
Sent: Thursday, July 23, 2015 3:13 PM
To: WSBA Real Property Listserv; WSBA Probate & Trust Listserv
Subject: [WSBAPT] Joint real property with right of survivorship - anything additional recorded at death of joint tenant?


Listmates:



I have a client who owned real property with her spouse.  The husband owned the property initially, quit claimed the property to him and his wife as follows:  "H and W, Husband and Wife, with Right of Survivorship."  Husband/Joint owner is now deceased.  The recording office in Clark County tells me that I need to record a new deed and file an excise tax return as well.  I was initially thinking that I would need to file the death certificate to show proof of death of joint tenant and possibly and affidavit.  Is this additional step of recording a new deed necessary?



Thanks for any words of wisdom!

Kristina





Kristina S. DeVore | Attorney & Counselor at Law

KRISTINA DEVORE LAW FIRM, pllc | 300 W. 15th Street, Suite 305 | Vancouver, WA  98660

Phone: (360) 695-0535 | Fax: (360) 737-4154 | kristina at devore-law.com









This email message is covered by the Electronic Communications Privacy Act, 19 USC Sections 2510-2521.  Unauthorized review or distribution of this email message is strictly prohibited.  This e-mail message is intended for the exclusive use of the person or persons to whom it is addressed.  This email message may contain information that is privileged and/or confidential. If you believe that you have received this message in error, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited.  Do not disseminate this e-mail and destroy the original e-mail and any copies. If you have received this communication in error, please notify us immediately, and destroy the original message.
________________________________
_______________________________________________
WSBAPT mailing list
WSBAPT at lists.wsbarppt.com
http://mailman.fsr.com/mailman/listinfo/wsbapt
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20150724/02571cf6/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.png
Type: image/png
Size: 6256 bytes
Desc: image001.png
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20150724/02571cf6/image001.png>


More information about the WSBAPT mailing list