[WSBAPT] "Lack of Probate Affidavit" & QCD

[Mike Winslow]

Title vests by operation of law under RCW 11.04.250. No deed required. The purpose of the LOPA is to tell the public and the title company whom are the heirs at law so that one may determine the current ownership.
 
A LOPA, as commonly used, does not contain within the form any attempt to convey title, so as to the title officer’s comment, I believe they misunderstand the purpose and terms of the LOPA. My comment assumes the use of the typical form of LOPA. A chat with the title officer to determine the nature of their beef with the LOPA form seems in order. If they maintain their position, and will not insure, even if using their company’s own form of LOPA (as McCrady suggested), then a discussion with the company manager or another title company would be my next step.
Mike
 
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 Melinda Grout
Sent: Wednesday, November 13, 2019 2:25 PM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] "Lack of Probate Affidavit" & QCD
 
Hi Josh!
 
In my experience and understanding, a Lack of Probate Affidavit is still not a valid transfer, but is useful to allow a title company to choose to insure, and some will, and some won’t ,find it adequate to their internal policies….  
 
Regards,

Melinda Grout
Law Office of Melinda K Grout, PS
17325 W. Main Street / P.O. Box 1360
Monroe, WA  98272
360-794-4322  / Fax: 425-744-6745

Emphasizing Estate Planning, Probate, and Elder Law
mkgroutlaw.com

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