[WSBAPT] Succession/Lack of Probate Affidavit

[Mike Winslow]

I made a cross-post made to the a real estate List serve with your inquiry. 
We run into complaining from the Skagit Treasurer's clerks about LOPA
because they claim they aren't conveyances (to which we agree). Skagit
Treasurer clerks routinely tell people off the street that they need to do a
Quit Claim Deed to themselves when a spouse dies, if there is no probate.
This legal advice from the Treasurer's clerks in Skagit unfortunately seems
consistent with what appears to be happening in King County.
 
 
Michael A. Winslow
1204 Cleveland Ave.
Mount Vernon, WA 98273
Ph. 360-336-3321
Em. Mike at winslegal.com
 
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From: wsbapt-bounces at lists.wsbarppt.com
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Jacob Menashe
Sent: Thursday, September 06, 2018 9:44 AM
To: WSBA Probate & Trust Listserv
Subject: [WSBAPT] Succession/Lack of Probate Affidavit
 
Hello all, 
 
I am looking for some thoughts about recording a succession/lack of probate
affidavit. I am particularly concerned about the situation in King County,
where I've seen a rejection that said in all caps (which I won't do): 
 
Cannot use affidavit lack of probate as a conveyance document. Please review
appropriate WAC codes available and resubmit a conveyance document i.e.,
conveyance language that specifically transfers property to the surviving
spouse or heir. Thanks. 
 
We followed the specifics in excise tax WAC 458-61A-202 that specifically
addresses lack of probate affidavits, that requires the death certificate be
provided when recording - which we did. 
 
Can folks out there shed some light on this issue, both for King County and
elsewhere, and perhaps suggest what we may need to do? 
 
Thanks!
 
Jacob
 
 
Jacob H. Menashe
Hickman Menashe, PS
4211 Alderwood Mall Blvd., Suite 202
Lynnwood, WA 98036
(425) 744-5658 phone
(425) 744-6078 fax
Satellite Office in Bellevue
www.hickmanmenashe.com
 
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