[WSBAPT] title company request

[Mark Vohr]

This is relatively common, and the attorney for the PR is often asked for this.  Yes - you definitely are assuming a liability by writing this letter.  But, closing will not occur without it.  I know there is a case on this issue, but I can't access it right now.

Here is some of the language I use for this letter:



______________________ has completed a comprehensive inventory of the estate and based on the information currently available to us it appears that no federal estate tax will be due in connection with this estate.  Also, our current information indicates that there will be no Washington estate tax.  Consequently, there are no liens of succession taxes and none are anticipated.  However, even if estate taxes are due, it appears that the estate will have sufficient funds to pay said estate taxes.  As you may be aware, the executor of the estate is required by law to pay all such taxes in connection with the estate proceedings.
[Option 1-Washington Estate Tax Will Be Due; No Federal]
We are still in the process of gathering valuation information from the executor regarding the assets and liabilities of the estate.  Based on the information currently available to us it appears that no federal estate tax will be due in connection with this estate.  However, our current information indicates that Washington estate tax will be due and owing.  Notwithstanding the foregoing, it appears that the estate will have sufficient funds available to pay the estate tax.  As you may be aware, the executor of the estate is required by law to pay all such taxes in connection with the estate proceedings.


Hope that helps.




Regards,

Mark

Mark C. Vohr, Esq.
Ohana Fiduciary Corp.
Ohana Financial Services
A Washington Trust Company
Mark C. Vohr, J.D., CPG, Principal
PO Box 33710  Seattle, WA  98133
T:  (206) 782-1189 F:  (206) 782-1434
mcv at ohanafc.com      www.ohanafc.com

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Sharon Rutberg
Sent: Monday, April 20, 2020 12:31 PM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] title company request

Hi, listmates -

In a probate, the PR is selling the decedent's residence. The title company has asked me as PR's attorney to provide a letter stating there is no "lien of succession taxes" on the property. Title says this is something that would not show up in their own title search. I have not been asked for something like this before.

Does someone have experience with this? I'm wondering how to find out, and whether I am incurring risks by providing such a letter.

Thanks!
Sharon

Sharon C. Rutberg, Attorney at Law
Salmon Bay Law Group, PLLC
1734 NW Market St.
Seattle, WA 98107
206-735-3177, ext. 2
sharon at salmonbaylaw.com<mailto:sharon at salmonbaylaw.com>
Website: www.salmonbaylaw.com<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.salmonbaylaw.com_&d=DwMFAg&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=K1mLMC1eFjwfeeMM-AC6zQ&m=oIHc38xQ8TL564vQeR4uaQ6GuDxGjdmu19zgYRtjGiY&s=xPm_wFGHwbffBIuAl0c7ogUe0dec8_7jjnhHBmv5QT0&e=>
Washington State Bar #47055

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