[WSBAPT] Use of LOPAs in lieu of probates

Mike Winslow mike at winslegal.com
Sat Apr 25 09:12:16 PDT 2020


I should point out that even though I use LOPAs to address title to real
estate following a death of a parent and skip probates from time to time, I
have modified my position on using LOPA in the past year. I used to
recommend them routinely. Now I recommend them if the family is going to
sell immediately, because one will quickly find out whether a title company
will insure. If clients intend to hold property, then I recommend a probate,
because for sure there is a deed and likelihood of insurable title in the
future.
 
As I see it, the need to commence a probate (avoiding the lost or destroyed
will issue) should be determined early. An immediate sale and determination
that a title company will insure now is what drives my recommendations to
clients.
 
Michael A. Winslow
1204 Cleveland Ave.
Mount Vernon, WA 98273
Ph. 360-336-3321
Em. Mike at winslegal.com
 
This message is from an attorney, so it's confidential. If you are not the
intended recipient, it's too late to stop reading this message, but you may
not use it for any improper purpose. Huge Disclaimer available upon request.
 
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