[WSBAPT] Probate or no probate

Fri Jun 17 11:09:36 PDT 2016

We must keep in mind that all title insurers have filed new rate schedules to take affect July 1st, and nobody but the insurance commissioner knows what the various Title Insurers have filed.  I can tell you that we have never imposed the surcharge If the property is community property or joint tenancy.  If the title passes to other than a spouse or joint tenant, then there is a surcharge, the size of which will depend on the length of time since the death.
Sorry for the lack of specificity; clarity will arrive on July 1st.

John McCrady
Counsel
Puget Sound Title Company
5350 Orchard Street West
University Place WA 98466
253-476-5721

-----Original Message-----
From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of John Creahan
Sent: Friday, June 17, 2016 10:17 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Probate or no probate

John,
Thanks for your input on this. 
Do title companies add a premium surcharge when relying on a lack of probate affidavit?
Thanks,
John

John Creahan
206-621-5848
www.cairn-law.com

-----Original Message-----
From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of John McCrady
Sent: Friday, June 17, 2016 9:27 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Probate or no probate

Yes, our Lack of Probate Affidavit (not the one from DOR for recording) contains indemnification language.  We are usually comfortable insuring, particularly in a Husband/Wife situation.

John McCrady
Counsel
Puget Sound Title Company
5350 Orchard Street West
University Place WA 98466
253-476-5721

-----Original Message-----
From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Mike Winslow
Sent: Friday, June 17, 2016 9:10 AM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Probate or no probate

Usually the title companies will take an indemnity agreement if there are concerns about creditor's claims. I have never been refused title coverage in these situations. Much less expensive than doing a probate.

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.

-----Original Message-----
From: wsbapt-bounces at lists.wsbarppt.com
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Rob Wilson-Hoss
Sent: Friday, June 17, 2016 8:41 AM
To: 'WSBA Probate & Trust Listserv'
Subject: Re: [WSBAPT] Probate or no probate

The problem with 11.04.250 is that the vesting is subject to costs of administration (none here), family allowance (if a probate is filed that still won't be a problem), liens, and debts of decedent. So without formal action, you may have trouble with a title officer, unless it has been two years since date of death. You may get by with a non-probate affidavit. 

Robert D. Wilson-Hoss
Hoss & Wilson-Hoss, LLP
236 West Birch Street
Shelton, WA 98584
360 426-2999
www.hossandwilson-hoss.com
rob at hctc.com

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-----Original Message-----
From: wsbapt-bounces at lists.wsbarppt.com
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Mike Winslow
Sent: Thursday, June 16, 2016 6:58 PM
To: 'WSBA Probate & Trust Listserv'
Subject: Re: [WSBAPT] Probate or no probate

The property is community. The survivor owns it (subject  only to a LWT which makes other disposition by the deceased spouse). No will with alternate disposition=No probate is required. See RCW 11.04.250.
Our resident title counsel, John McGrady,  will back this.

The survivor can deed direct  100% to the trust.
I recommend that a lack of probate affidavit (using new DOR Form) and attachment of Death Cert with SSN redacted be recorded.  Some counties will also require a REETA to process this. 
Select form from this page.
http://dor.wa.gov/content/getaformorpublication/formbysubject/forms_reet.asp
x
Real Estate Excise Tax Lack of Probate

See also
http://app.leg.wa.gov/RCW/default.aspx?cite=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.

-----Original Message-----
From: wsbapt-bounces at lists.wsbarppt.com
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Jennifer Sohn
Sent: Thursday, June 16, 2016 5:42 PM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Probate or no probate

Hi, there is a situation where H & W held real property as "husband and wife". W passes away and H wants to transfer 100% interest in the real property into a trust. W did not leave a Will. I assume we would need to go through probate to transfer 50% interest in the real property to H first, before H can make the transfer of 100% interest. Correct?

Thanks,

Jennifer Sohn
206-617-7874

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