[WSBAPT] Probate or no probate

Mon Jun 20 11:07:41 PDT 2016

Since the DOR just issued their updated Lack of Probate Affidavit on June
9th, we are working on a revised LOPA which will integrate the traditional
title company language with the DOR form. The indemnity agreements would
still be specific to the title company actually insuring a subsequent sale,
so this would have to come at time of sale.

When I have this form updated, I will post it. It will look like the DOR
form on Page 1 since our local Treasure's staff is so picky about these, but
the Treasurer in Skagit as well as DOR staff recognize that as long as their
mandatory language and content is included, then additional information may
be part of the document.

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 John McCrady
Sent: Friday, June 17, 2016 2:55 PM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Probate or no probate

This is the language from our Joint Tenancy Survivorship Affidavit, which
would be similar to the LOP....

This affidavit is made as an inducement to each purchaser and each title
insurer of the above described property to treat the title thereto or title
to an interest therein relieved from interference of the said decedent, his
heirs, creditors, and the taxing authorities, and the affiant, for
___________self, __________heirs, executors and administrators, covenants to
indemnify any such purchaser, title insurer or other person for any loss
arising from reliance on a misstatement of fact herein.

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 Jennifer Sohn
Sent: Friday, June 17, 2016 9:41 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Probate or no probate

Thanks for the great advice. Would you be willing to share the indemnity
language?

Jennifer

> On Jun 17, 2016, at 9:26 AM, John McCrady <j.mccrady at pstitle.com> wrote:
> 
> 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_re
> et.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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