[WSBAPT] Succession/Lack of Probate Affidavit

[Mike Winslow]

Kailei,
Is King county requiring an excise stamp on your LoPAs as a condition of
accepting them for recording?
 
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 Kailei Feeney
Sent: Thursday, September 06, 2018 2:36 PM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Succession/Lack of Probate Affidavit
 
Hi Jacob,
 
We are still sending both LOP affidavits and community property agreements
to record successfully in King County.
 
Coversheet with title of Lack of Probate Affidavit, Grantor, Grantee, parcel
number, full legal and referencing the prior deed of record. In the
affidavit, we recite there is an attached certified copy of death
certificate.
 
Agree its an informational filing (but with full legal on the coversheet we
are paying the deed record price) and NOT a conveyance, simply to make later
conveyances smoother. 
 
Our affidavit simply marches down the statue requirements but I'm happy to
send you a recent coversheet offline if you want to compare to yours?
However, it is sounds like the issue may be overstepping that borders on the
practice of law, as Mr. Winslow indicated. 
 
Kailei
Kailei B. Feeney
Attorney-at-Law
cid:image001.jpg at 01D013C2.30F35160
3909 California Avenue SW
Seattle, WA 98116-3705                          
(206)938-5500 
kailei at westseattlelaw.com 
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com>
On Behalf Of Jacob Menashe
Sent: Thursday, September 06, 2018 9:44 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
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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