[WSBAPT] Easiest Title Cos. for Lack of Probate Affidavit

[Mike Winslow]

1) If first spouse to die left LWT which left all to surviving spouse, I
expect you could obtain agreement to insure around this issue with recording
the LWT and LOPA. If no LWT, then go back to square one.
2) If all children of marriage survive, QCDs could be used to clear title.
If not all survive, go back to square one.
3) Call John McCrady of this list.
John McCrady
Counsel
Puget Sound Title Company
5350 Orchard Street West
University Place WA 98467
253-476-5721
j.mccrady at pstitle.com
 
 
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 James W. Spencer
Sent: Thursday, May 21, 2020 2:28 PM
To: WSBA Probate & Trust Listserv
Subject: [WSBAPT] Easiest Title Cos. for Lack of Probate Affidavit
 
Greetings Hivemind:
 
I have an estate client that is supposed to close on the estate's real
property in a week. I advised them over a year ago that clearing title could
be an issue at closing (estate is for second spouse to die). 
 
As (somewhat) expected, the title company has come in at the last moment
unwilling to clear title in favor of the second spouse to die by way of a
lack of probate affidavit. They are alleging that the first spouse to die's
intestate heirs include the children even though the house was community
property. Specifically, they are taking the position that "The acquired
title to the property as h/w in 1968. There were Statutory changes to
Washington's Community Property Law in 1972. It is WFG's opinion and many
others, that absent a CPA, title to real property acquired prior to that
date, half of the interest would flow to the survivor, and half to the heirs
of the deceased."
 
While I want to have it out with the title company about their erroneous
conclusion, time is of the essence. Can any of you point me to a King County
title company that has accepted a lack of probate affidavit for community
property acquired before 1972? 
 
Referrals, and any thought that are contrary to mine, are appreciated.
 
Thanks!
-James
 
James W. Spencer
Attorney at Law
Brothers & Henderson, P.S.
2722 Eastlake Avenue East, Suite 200
Seattle, Washington 98102
Phone: (206) 324-4300 x106
Fax: (206) 324-3106
e-mail:   <mailto:jamess at brothershenderson.com> jamess at brothershenderson.com
 <http://www.brothershenderson.com/> www.brothershenderson.com
pronouns: he/him
 

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