[WSBAPT] Title issue

[Claudia A Gowan]

Colleagues and particularly those of you so skilled with title issues: I have encountered a problem that I have never encountered before.

Title company is refusing to clear title for title insurance purposes on property that was held as JTWROS. They are demanding that probate on 1st deceased either be reopened or that all intestate heirs sign off on a veritable lack of probate affidavit style series of documents that they want.

Basic facts:

Mom died years ago. Deed from mom's PR to brother and sister as JTWROS was recorded.  Brother died in 1995. Death certificate available.

Probate opened, but of course this property did not go through probate.

Good law firm so I assume that brother's death certificate was recorded or provided, but of course, that is not available on-line.

Sister died in 2017. Sister's estate is selling the property. Preliminary commitment says that property is vested in the heirs & devisees of both (deceased) sister and brother.

Title company says it's a "matter of policy" that any loose (my word) potential heirs of brother sign off for them to issue title insurance. They won't recognize the JTWROS status - which is clearly set forth on the deed.

Title company tells me that every title company does this...

Your thoughts?

Best, Claudia






Claudia A. Gowan

Claudia A. Gowan, PLLC
2101 Fourth Avenue, Suite 1900
Seattle, WA 98121
(206) 443-2733 (T)
(206) 448-1843 (F)
claudia at cagowanlaw.com<mailto:claudia at cagowanlaw.com>

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

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