[WSBAPT] Personal Rep deed distributing needs cert copy of LT

John J. Sullivan sullaw at comcast.net
Wed Jul 20 11:19:36 PDT 2016


Doug:

I thought the IRS has told us not to put the Circular 230 notice at the bottom of communications. I used to have one too but think the guidance came out a year or two ago and I removed it. 

Best regards, 
John J. Sullivan, 
Attorney
 
Lyons |Sullivan
10655 NE 4th Street, Suite 704
Bellevue, WA  98004
425·451·2400 tel 425-451-7385 fax
www.dljslaw.com
 
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> On Jul 20, 2016, at 11:11 AM, Douglas Bratt <djbratt at mbavancouverlaw.com> wrote:
> 
> A review of the statute cited by Mike, RCW 82.45.197, indicates that the documents required to be presented to the Treasurer also must be recorded with the Auditor, presumably to be included in a packet with whatever is being recorded.  In this case, both the Personal Representative’s Deed and the certified copy of the Letters Testamentary or Letters of Administration will have to be recorded.  This will require a bit more detail on the Auditor’s Cover Sheet.
>  
> This will also encourage a bit of pre-planning if one is to avoid a trip to the Clerk’s Office in order to obtain another Certified Copy of the Letters Testamentary or Letters of Administration when it is time to record a PR Deed.  I generally simply obtain two certified copies of the Letters and give them both to the client, after scanning the Letters for my file copy. I tell the client to allow folks to copy the Letters, if they wish, but not to give the Letters up, unless absolutely required.  The second certified copy of the Letters to the client is a bit of insurance for the client in case he/she has had to give up one certified copy of the Letters.  However, if one anticipates that there will be a PR Deed to an heir, later in the case, better practice would be to obtain the additional certified copy for that purpose, when the Letters are first issued.  Saves time, hassle, and fees charged to client, it seems to me, for just one additional payment of $5.00.
>  
> Doug Bratt
>  
> Douglas J. Bratt
> Lawyer
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> Office: (360) 213-2040
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> From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Mike Winslow
> Sent: Wednesday, July 20, 2016 10:13 AM
> To: 'WSBA Probate & Trust Listserv'
> Subject: Re: [WSBAPT] Personal Rep deed distributing needs cert copy of LT
>  
> See RCW 82.45.197.
>  
> 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 Paul Neumiller
> Sent: Wednesday, July 20, 2016 9:17 AM
> To: 'WSBA Probate & Trust Listserv'
> Subject: Re: [WSBAPT] Personal Rep deed distributing needs cert copy of LT
>  
> Marcia, do you have the cite for the “law passed last month”?
>  
>  
> From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Marcia Mellinger
> Sent: Tuesday, July 19, 2016 5:52 PM
> To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> Subject: Re: [WSBAPT] Personal Rep deed distributing needs cert copy of LT
>  
> We used to send a copy of the certified Letters Testamentary when recording the deeds distributing properties to heirs.  With the law passed last month, we now need to send an original certified copy of the LTs.  
> 
> Had this bounce back and don't want it to happen to you. Best, Marcia
> 
> From: Kbrink at vjglaw.com
> To: wsbapt at lists.wsbarppt.com
> Date: Tue, 19 Jul 2016 22:25:27 +0000
> Subject: Re: [WSBAPT] Getting deceased husband off the deed
> 
> I was hoping you would weigh in on this, John McCrady from Puget Sound Title.
>  
> Thank you – and to everyone for all the good ideas!
>  
>  
> Best regards,
>  
> Kerry E. Brink
> Kerry E. Brink • Attorney
>  
> Estate Planning, Probate, Elder Law
> ____________________________________
> Vandeberg Johnson & Gandara, LLP
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> From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of John McCrady
> Sent: Tuesday, July 19, 2016 3:01 PM
> To: WSBA Probate & Trust Listserv
> Subject: Re: [WSBAPT] Getting deceased husband off the deed
>  
> This is true, but don’t forget the new rules requiring the recording of both a lack of probate affidavit and of a death certificate.
> The recorded LOP affidavit can be found at the Department of Revenue web site, but for convenience I have attached a copy
>  
> John McCrady
> Counsel
> Puget Sound Title Company
> 5350 Orchard Street West
> University Place WA 98466
> 253-476-5721
>  
> From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Jay Goldstein
> Sent: Tuesday, July 19, 2016 2:35 PM
> To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
> Subject: Re: [WSBAPT] Getting deceased husband off the deed
>  
> Ask your local title company about Lack of Probate Affidavit.
>  
> Title company may be willing to insure title with this.
>  
> J
>  
> Jay A. Goldstein
> <image003.png>
> 1800 Cooper Point RD SW NO. 8  |  Olympia, WA 98502 
> Telephone 360.352.1970  |  Fax 360.357.0844 |  www.jaglaw.net  
> jay at jaglaw.net
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> From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Christopher Small
> Sent: Tuesday, July 19, 2016 2:21 PM
> To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> Subject: [WSBAPT] Getting deceased husband off the deed
>  
> Have a question to what is likely a common problem, I just haven't dealt with it yet.
>  
> Husband and wife own property. Husband dies with no will and no other assets.
>  
> Years later wife is trying to transfer property to son and county won't allow it because husband is still on the deed.
>  
> I'm getting a copy of the deed to make sure the property wasn't held in an unusual way, but assuming the property was held jointly as it normally is in the state, any ideas on how to get husband off the title?
>  
> Thank you for your help.
>  
> Cheers,
> 
> Christopher Small
> CMS Law Firm LLC
> 150 Lake St., Suite 227
> Kirkland, WA 98033
> 206.659.1512
> 
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