[WSBAPT] Most efficient solution? (Intestacy, real estate, incapacity and more good stuff)

[Jennifer Johnson]

Tom,

As long as the power of attorney document grants powers with respect to
real estate, then I believe the attorney in fact can execute them.  And
actually, if the Lack of Completed Probate Affidavit is the form being
executed for the benefit of the title company, it can be completed and
acknowledged by anyone familiar with the facts of the decedent and his or
her estate, not just a surviving spouse.  Practically (putting my title
officer hat on), I prefer for the person filling it out to be related to
the decedent or have an interest in the property, but it doesn't
necessarily have to be as long as I'm convinced that the person has all of
the info I need and is willing to agree to the indemnification clause.  The
LOPA is a risk assessment tool, not a means to convey the property.


Jennifer

Jennifer Johnson
Attorney | Title Officer
Wahkiakum Title & Escrow Company
Hanigan Law Office, PS
Cathlamet, WA 98612
(360) 795-3741

On Fri, Jul 13, 2018 at 7:30 AM, Tom Westbrook <tjw at w3net.net> wrote:

> Jennifer,
>
>
>
> When the Surviving Spouse is incapacitated as in this case, can the AIF
> sign the Affidavit of Surviving Spouse and Lack of Probate Affidavit?
>
>
>
> Sincerely,
>
>
>
> Tom
>
>
>
> Thomas J. Westbrook
>
> Attorney at Law
>
>
>
> [image: whiteRKCS_newlogo50_email_sig]
>
>
>
> Rodgers, Kee & Card, P.S.
>
> 324 West Bay Drive NW, Suite 201
>
> Olympia, Washington  98502
>
>
>
> Phone: 360-352-8311
>
> Facsimile: 360-352-8501
>
> Email: tjw at buddbaylaw.com
>
> Skype: thomas.westbrook
>
> www.buddbaylaw.com
>
>
>
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> *From:* wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.
> wsbarppt.com> *On Behalf Of *Jennifer Johnson
> *Sent:* Thursday, July 12, 2018 9:41 PM
> *To:* WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> *Subject:* Re: [WSBAPT] Most efficient solution? (Intestacy, real estate,
> incapacity and more good stuff)
>
>
>
> You can record an Affidavit of Surviving Spouse along with a death
> certificate and a REET in order to effect the transfer by community
> property law and claim the inheritance exemption for excise tax purposes.
> If there is any question as to whether it is community property, or if you
> just want to make sure you’re totally covered, you can also have all of the
> heirs, along with the attorney in fact for mom, execute a deed to mom.
>
>
>
> You can check with your local title company to see if they are going to
> require their own Lack of Completed Probate Affidavit to be completed (they
> usually do) and if they are going to be inclined to assess an additional
> premium to cover their risk.
>
>
>
> Jennifer
>
>
>
> Jennifer Johnson
>
> Attorney | Title Officer
>
> Wahkiakum Title & Escrow Company
>
> Hanigan Law Office, PS
>
> Cathlamet, WA 98612
>
> (360) 795-3741
>
>
>
>
>
>
>
>
>
> On Jul 12, 2018, at 7:25 PM, Sarah Jael Dion <sarah at dionlaw.com> wrote:
>
>
>
> Hi all!
>
>
>
> I would be very grateful for any advice on this one…I’m torn about how to
> handle this efficiently.
>
>
>
> I have a client who just lost her dad. Dad was married to mom. Mom and Dad
> had four adult children. All siblings are thrilled that my client is
> willing to manage the legal fallout from Dad’s death.
>
>
>
> Client’s mother has dementia, and is incapacitated. My client is her POA.
> The mother lives in a care facility. The POA is not great- it wasn’t
> drafted by an attorney, but it’s done the job so far.
>
>
>
> Mom and Dad had a house, which is community property. This house now needs
> to be sold to pay for Mom's ongoing care. The house is the only probate
> asset.
>
>
>
> Client believes Dad had a will, but no one can find it. There has been a
> considerable amount of searching and Client has abandoned the search.
>
>
>
> Should we:
>
> (1) try to sell the house using an Affidavit of Lack of Probate, with my
> client as her mom’s POA;
>
> (2) open an intestate administration and have a GAL appointed for the mom;
> or
>
> (3) seek to have my client appointed guardian of her mom and then attempt
> to use an Affidavit of Lack of Probate?
>
>
>
> Something else?
>
>
>
> Sarah Jael Dion
>
> Dion Law PLLC
> 206-550-4005
> sarah at dionlaw.com
> www.dionlaw.com
>
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