[WSBAPT] Succession/Lack of Probate Affidavit

Thu Sep 6 13:57:24 PDT 2018

As a matter of routine practice, many attorneys, including yours truly,
record Community Property Agreements, or absent same, then a LOPA, after the
death of the first spouse occurs (if there is no probate of the estate of
the first spouse to die).
This greatly simplifies later transfers and mortgages of the property and
assists in obtaining title insurance when a later conveyance takes place
(often after death of second spouse to die).
So there are real benefits to recording the LOPA.
As to the rest of your comments, agreed.

The more important issue is how to deal with the various Treasurers offices
that perceive themselves as gatekeepers regarding property conveyancing,
instead of doing their job, which is to collect taxes when owed.
Mike

Michael A. Winslow
1204 Cleveland Ave.
Mount Vernon, WA 98273
Ph. 360-336-3321
Em. Mike at winslegal.com

This message is from an attorney, so it's confidential. If you are not the
intended recipient, it's too late to stop reading this message, but you may
not use it for any improper purpose. Huge Disclaimer available upon request.

From: wsbapt-bounces at lists.wsbarppt.com
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of nestor at pplsweb.com
Sent: Thursday, September 06, 2018 12:20 PM
To: 'WSBA Probate & Trust Listserv'
Subject: Re: [WSBAPT] Succession/Lack of Probate Affidavit

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

This message is from an attorney, so it's confidential. If you are not the
intended recipient, it's too late to stop reading this message, but you may
not use it for any improper purpose. Huge Disclaimer available upon request.

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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