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

[James W. Spencer]

Greetings John (and Mike):

Mike, thank you for the thoughts on this.

John, there is no lwt for the wife, just intestacy. The property is in King County. I'm glad to hear your response. As a haggard old community property professor, I was perplexed by their "policy".

Thank you!
-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:  jamess at brothershenderson.com<mailto:jamess at brothershenderson.com>
www.brothershenderson.com<http://www.brothershenderson.com/>
pronouns: he/him

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of John McCrady
Sent: Friday, May 22, 2020 11:00 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Easiest Title Cos. for Lack of Probate Affidavit

Sorry for the late response.
I have never practiced in the manner WFG is describing and I do not know of any basis for their requirement.
I would suggest trying another title company.
Let me know what county the property is in and I may be able to suggest someone.

John McCrady
Counsel
Puget Sound Title Company
5350 Orchard Street West
University Place WA 98467
253-476-5721
j.mccrady at pstitle.com<mailto:j.mccrady at pstitle.com>
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From: wsbapt-bounces at lists.wsbarppt.com<mailto: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 <wsbapt at lists.wsbarppt.com<mailto: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:  jamess at brothershenderson.com<mailto:jamess at brothershenderson.com>
www.brothershenderson.com<https://r.xdref.com/?id=04LLdTVs023031&from=wsbapt-bounces@lists.wsbarppt.com&to=j.mccrady@pstitle.com&url=http://www.brothershenderson.com/>
pronouns: he/him

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The information transmitted in this e-mail message and attachments is attorney-client information, is privileged or confidential material and is intended only for the use of the individual or entity named above. You are hereby notified that any disclosure, copying, distribution, review by or taking of any action in reliance on the contents of this e-mail information by unauthorized persons is strictly prohibited. All personal messages are solely the views of the sender and are not to be attributed to Brothers & Henderson, P.S. If you have received this transmission in error, immediately notify the sender by reply e-mail and permanently delete this transmission and all copies including attachments.

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