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

Douglas Bratt djbratt at mbavancouverlaw.com
Wed Jul 20 13:03:34 PDT 2016 

Mike is correct.

I have always taken the documentation through review with the Treasurer, before attempting to record.

In fact, here in Clark County, the whole process has been streamlined in the past six or seven years, since we have public access to the Assessor's Office, the Treasurer's Office and the Auditor's Office all located adjacent to the same waiting area.

Most of the employees of the Treasurer's Office have been cross-trained to do Auditor's recording functions after they complete the REETA process on behalf of the Treasurer.  Similarly, most of the employees of the Auditor's Office do both functions, also.  So, it is one-stop shopping with the REETA procedures being dealt with before the Auditor recording procedures, in all instances.  We are not proceeding first to one office, and then the next office, as one might have to do in other counties.

And glory-be:  The Treasurer is a Democrat and the Auditor and the Assessor are both Republicans.  Such cooperation appears to be rare these days.  (But, then again, do partisan races make any sense whatsoever related to the sort of ministerial functions being carried out by these local governmental agencies?  And, one can add the Clerk of Court to that list.)

Doug Bratt

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Mike Winslow
Sent: Wednesday, July 20, 2016 11:58 AM
To: 'WSBA Probate & Trust Listserv'
Subject: Re: [WSBAPT] Personal Rep deed distributing needs cert copy of LT

Doug brings up some good points. However, some Treasurers will be very upset if you record the documents before they bless the REETA. I know that Skagit Treasurer was not happy when I brought them documents that were recorded before processing the REETA. Sooooo, you may want to clarify the sequence with your Treasurer in the county at issue.

And for what it is worth, we recently checked with another county (which shall remain unnamed to protect yours truly) on processing a recording of a Community Property Agreement according to the new rules and their response was on the order of  "what the heck you talkin' about?". They did not see any reason to use a REETA.

Michael A. Winslow
1204 Cleveland Ave.
Mount Vernon, WA 98273
Ph. 360-336-3321
Em. Mike at winslegal.com<mailto: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> [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
 Fax: (360) 213-2030

CONFIDENTIALITY NOTICE:  This email message may contain confidential or privileged information.  If you have received this message by mistake, please do not review, disclose, copy, or distribute the email. Instead, please notify us immediately by replying to this message or telephoning us.  Thank you.

NOTE:  I do not use encrypted email.  Messages sent to or from my office via email are not secure and may not be protected by attorney-client privilege.  This email address is not monitored at all times.  If your matter is urgent, please phone my office during regular business hours.

TAX ADVICE NOTICE: IRS Circular 230 requires us to advise you that, if this communication or any attachment contains any tax advice, the advice is not intended to be used, and cannot be used, for the purpose of avoiding federal tax penalties. A taxpayer may rely on professional advice to avoid federal tax penalties only if the advice is reflected in a comprehensive tax opinion that conforms to stringent requirements. Please contact us if you have any questions about Circular 230 or would like to discuss our preparation of an opinion that conforms to these IRS rules.





From: wsbapt-bounces at lists.wsbarppt.com<mailto: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<mailto: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> [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> [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<mailto: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<mailto:Kbrink at vjglaw.com>
To: wsbapt at lists.wsbarppt.com<mailto: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
www.vjglaw.com<http://www.vjglaw.com/>
kbrink at vjglaw.com<mailto:kbrink at vjglaw.com>
*Phone: 253.383.3791
7Fax:        253.383.6377
Be sure to check out our blogs at "In Brief" at www.vjglaw.com<http://www.vjglaw.com>
Please consider the environment before printing this e-mail
______________________________
CONFIDENTIALITY DISCLAIMER:  This Electronic Message contains information belonging to Vandeberg Johnson & Gandara, LLP, which is confidential and/or privileged information.  The information is intended only for the use of the individual or entity named above.  If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or the taking of any action in reliance on the contents of this message is strictly prohibited.  Please notify us immediately by replying to this message or telephoning us if you have received this message by mistake.  Thank you.



From: wsbapt-bounces at lists.wsbarppt.com<mailto: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> [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<mailto: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<mailto:jay at jaglaw.net>

Nothing contained herein should be construed as legal advice.
The purpose of this email is to transmit a message or document.
Should you not be the intended recipient of this email message,
please reply advising of the mistake and then delete this message
from your computer. Should you have any questions,
please call the Sender at 360-352-1970.
No trees were killed in sending this message
(however, a large number of electrons were terribly inconvenienced).


From: wsbapt-bounces at lists.wsbarppt.com<mailto: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<mailto: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

_______________________________________________ WSBAPT mailing list WSBAPT at lists.wsbarppt.com<mailto: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/20160720/0e23f339/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image003.jpg
Type: image/jpeg
Size: 7545 bytes
Desc: image003.jpg
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20160720/0e23f339/image003.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image004.png
Type: image/png
Size: 65453 bytes
Desc: image004.png
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20160720/0e23f339/image004.png>

More information about the WSBAPT mailing list