[WSBAPT] "Lack of Probate Affidavit" & QCD

[Kate Love]

I think we are using now I got from Chicago, FYI

________________________________
From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> on behalf of Roger Hawkes <Roger at law-hawks.com>
Sent: Sunday, November 17, 2019 11:53 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] "Lack of Probate Affidavit" & QCD


Thanks, John.  We will redact and use the form in appropriate cases.



Roger Hawkes, WSBA # 5173

Hawkes Law Firm, P.S. and Sky Valley Lawyers, PLLC

Office: 19944 Ballinger Way NE

              Shoreline, WA 98155

                         And

               423 Main, Sultan, WA 98294



               Voice: 206 367 5000

                Fax:    206 367 4005

                www.hawkeslawfirm.com<http://www.hawkeslawfirm.com>



From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of John McCrady
Sent: Thursday, November 14, 2019 10:05 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] "Lack of Probate Affidavit" & QCD



Uniformity would be nice for some purposes, but our form (I attach a copy for your consideration) contains information that I would not want to put of record.

I may consider recording our form, after redaction, which is an idea I haven’t considered before.



John McCrady

Counsel

Puget Sound Title Company

5350 Orchard Street West

University Place WA 98467

253-476-5721

j.mccrady at pstitle.com<mailto:j.mccrady at pstitle.com>



From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Roger Hawkes
Sent: Thursday, November 14, 2019 9:01 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] "Lack of Probate Affidavit" & QCD



John: seems to be that lopa should be uniform; they are not difficult; why not have a statutory form?



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 John McCrady
Sent: Wednesday, November 13, 2019 2:30 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] "Lack of Probate Affidavit" & QCD



I think you should ask to talk to a title officer, who will probably ask for the client to complete and sign the  title company’s own lack of probate affidavit (which indemnifies the title company).  They should then be willing to insure a sale/encumbrance by the heir.



John McCrady

Counsel

Puget Sound Title Company

5350 Orchard Street West

University Place WA 98467

253-476-5721

j.mccrady at pstitle.com<mailto:j.mccrady at pstitle.com>



From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Josh Grant
Sent: Thursday, November 07, 2019 4:33 PM
To: wsbar trust <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] "Lack of Probate Affidavit" & QCD



Client is the only beneficiary from his brother under a LW&T. Decedent Never had kids or spouse. Brother is the only heir at law.

So we recorded a Lack of probate affidavit with a copy of a LW&T.

I just ordered a title commit.  and they listed the lack of probate affid. as being recorded and then said “We note that the affidavit purports to convey title to Brother.  Said document contains no conveyance language.  This company requires a Quit Claim Deed be recorded to perfect title.”  An QCD from who?  The decedent can’t sign anymore.



The affid. said in part: “Decedent left a Last Will and Testament which has not been probated or revoked, a copy of which accompanied this document, for review by the Treasurer.  This will provides for the distribution of all of the Decedent’s estate to brother and Affiant,”



I thought this was what a lack of probate affid.  is intended for.



thanks



Josh

Joshua F. Grant
[advocates]
P. O. Box 619
Wilbur, WA 99185
509 647 5578
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