[WSBAPT] Succession/Lack of Probate Affidavit

[nestor at pplsweb.com]

Lack of Probate Affidavits are not conveyance documents and are used by
title companies as an underwriting tool to issue title policies. Unless your
selling or refinancing, I don't see a need for recording one. 

 

Also, makes no sense to do a deed from "me to me", since it is redundant,
costs money and legally does not affect title.

 

Nestor Gorfinkel

 

Nestor Gorfinkel, Attorney at Law

Licensed in Washington & Florida

Florida Civil-Law (International) Notary

 

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com>
On Behalf Of Mike Winslow
Sent: Thursday, September 6, 2018 10:22 AM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Succession/Lack of Probate Affidavit

 

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 <mailto:Mike at winslegal.com> 

 

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From: wsbapt-bounces at lists.wsbarppt.com
<mailto: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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