[WSBAPT] Title company letter

[Paul Neumiller]

If I may interject, there are CA cases (don’t know about WA) that say to the “best of my knowledge” implies you have done some looking.  I have always used “to my actual acknowledge” just so some attorney can’t argue that I had constructive notice or that I should have known.


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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Kailei Feeney
Sent: Friday, August 30, 2019 3:08 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Title company letter

Along Phil Jones’ line, to clear the exception, your letter can simply indicate the facts -  that DSHS has received direct notice and have not filed a claim.

If the possibility of estate taxes is raised, then you can indicate that, to the best of your knowledge, the estate is not large enough for state or federal estate taxes to be an issue, if that is the case.

Regards,
Kailei

Kailei B. Feeney
Attorney-at-Law
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From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of Philip N. Jones
Sent: Friday, August 30, 2019 2:34 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Title company letter

I don’t have a sample letter, but that does not prevent me from being opinionated.  The title company wants you to express an opinion regarding the existence of liens?  Isn’t that their job?  In the old days, title companies examined the probate court file.
Or do they merely want you to state whether your office has or has not received any claims?
Be careful that you don’t become a defacto insurance company.
Phil Jones

From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Harkiran Sekhon
Sent: Friday, August 30, 2019 2:24 PM
To: wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Title company letter

Hi Listmates,

Title company is asking for a letter from my office regarding potential liens on an estate property getting sold in an open probate. There are no liens.

Does anyone have a sample letter you would be willing to share?

Thank you,

Harkiran
--
Harkiran Sekhon
Attorney
Sekhon Law, PLLC
P: (253) 237-6163 | W: www.sekhonlawpllc.com<https://nam04.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.sekhonlawpllc.com&data=02%7C01%7C%7C098364bfc809446c6fda08d72d973602%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C637027999776543779&sdata=c4MvNw0mUQEZ3y3O21vohqoAzDLkO3gXTVF7nqgJmHk%3D&reserved=0> | A: 707 S. Grady Way STE 600 Renton, WA 98057
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