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

[Jennifer Johnson]

I would go ahead and record the transfer to Mom now if you can.

Jennifer



On Fri, Jul 13, 2018 at 9:26 AM, Sarah Jael Dion <sarah at dionlaw.com> wrote:

> Thanks, Jennifer and Tom. The Power of Attorney document is not great- my
> client told me that she found it online- so there is nothing specific to
> real estate in it.
>
> However, it sounds like the only question is whether we should do a
> LOPA/REET immediately and record it, or wait until we have a buyer and deal
> with the specific form of whatever title insurance company we use?
>
> Sarah Jael Dion
>
> Dion Law PLLC
> 206-550-4005
> sarah at dionlaw.com
>
> This message is private and may contain privileged communications. If you
> are not the person for whom this message is intended, please notify me
> immediately and delete the message. Please do not copy or send this message
> to anyone else.
>
> On Jul 13, 2018, at 8:43 AM, Jennifer Johnson <jmhanigan at gmail.com> wrote:
>
> 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
>>
>> This message is private or privileged. If you are not the person for whom
>> this message is intended, please notify me immediately and delete the
>> message. Please do not copy or send this message to anyone else.
>>
>>
>>
>>
>>
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