[WSBAPT] recording deed in probate

[Eric Nelsen]

That actually seems like an elegant solution to the issue. If the Letters are attached to the deed itself, it doesn't incur an additional recording fee and it still gets the authority in the public record.

(I am struggling to refrain from going into my rant here about how the Auditor's deed records were never intended to be a complete record of all matters affecting title, that's why we have a title insurance system instead of a land registry system, the legislature has made the whole problem worse with the new rules on inheritance transfers, blah blah blah...)

Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Cyrus Field
Sent: Friday, March 27, 2020 9:42 AM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] recording deed in probate

FWIW, I've been attaching the Letters as an exhibit to recorded PR deed for last few years. Seems like small price to pay for immediate peace of mind/avoidance of potential hassle down the road.

Cyrus W. Field, Attorney at Law (admitted in Washington and Oregon)
phone: 360-472-1223 Mail: POB 367, Shaw Island, WA 98286 Office: 640 Mullis St. Friday Harbor, WA
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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 Mike Winslow
Sent: Thursday, March 26, 2020 5:41 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] recording deed in probate

Yes, it says "recorded", but I see no reason to worry about not recording. The WAC cannot operate to invalidate the deed. If the DOR audits the transaction and they complain that you did not record the Letters; what is their remedy? The transaction was exempt from tax. The worst they could do would be to make you go back and record the Letters. My two cents, any way.

Michael A. Winslow
1204 Cleveland Ave.
Mount Vernon, WA 98273
Ph. 360-336-3321
Em. Mike at winslegal.com<mailto: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.

From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Melinda Grout
Sent: Thursday, March 26, 2020 5:26 PM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] recording deed in probate

Thanks Mike.

>From that reading of 202, although I agree with you that there should be no logical reason to record the Letters, it sure looks like they must be "provided"..."and recorded".   No?

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
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