[WSBAPT] Probate or no probate

Tue Jun 28 13:28:14 PDT 2016

Great, thank you. Then, I am assuming I don't need a separate deed to transfer the decedent's 50% interest to the surviving spouse and that I can get a statutory warranty deed with surviving spouse as grantor and his trust and the grantee. Is that correct? 

I will of course get the lack of probate with REETA filed as well.

Thanks,

Jennifer

> On Jun 20, 2016, at 11:07 AM, Mike Winslow <mike at winslegal.com> wrote:
> 
> 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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