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

[sgay at sbglaw-wa.com]

Please respond to the ListServe, I
would be interested in receiving
information on this topic.
 
Sandi Gay
SANDRA BATES GAY, PS
Attorney at Law
Sandra Bates Gay, PS
23515 N.E. Novelty Hill Rd.
Suite B211-397
Redmond, WA  98053
Ph:  (425) 637-3040
Fax: (425) 952-0156
E-Mail:  sgay at sbglaw-wa.com
 
From: wsbapt-bounces at lists.wsbarppt.com
<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
<wsbapt at lists.wsbarppt.com>
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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