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

Wed Jul 20 11:32:21 PDT 2016

I am not reading 82.45.197 quite that way.  I see that the CPA must be
recorded, which has always been true.  I see certified Letters and certified
Certificate of Death, or certified court order are now required - not
necessarily recorded???

Am I missing something, perhaps a reference to another statute?  If so, I am
surprised that a trust would need to be recorded, as one reason some folks
have for establishing a trust is to avoid publication or filing.

Jim Dolan

===================

Jones Butler Dolan, PS

www.jbdolan.com

www.jonesbutlerdolan.com

Mount Vernon

P.O. Box 2784

415 Pine Street 

Mount Vernon, WA 98273

Telephone: 360-336-2939

Facsimile: 360-336-2949

Stanwood

P.O. Box 458

10027 - 269th Place NW (SR 532)

Stanwood, WA 98292

Telephone: 360-629-3833

Facsimile: 360-629-6253

From: wsbapt-bounces at lists.wsbarppt.com
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Douglas Bratt
Sent: Wednesday, July 20, 2016 11:12 AM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Personal Rep deed distributing needs cert copy of LT

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

Envelope scaled Terry

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

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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

PO Box 1315

1201 Pacific Ave Suite 1900

Tacoma, WA   98401-1315

 <http://www.vjglaw.com/> www.vjglaw.com

kbrink at vjglaw.com

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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

cid:AEF18ED8-6AEE-403C-99E7-30A379E62D84 at local

1800 Cooper Point RD SW NO. 8  |  Olympia, WA 98502  

Telephone 360.352.1970  |  Fax 360.357.0844 |  www.jaglaw.net
<http://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 <http://cmslawfirm.com> 

150 Lake St., Suite 227

Kirkland, WA 98033

206.659.1512

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