[WSBAPT] Lack of probate affidavit for WA property

[jbdolan at jbdolan.com]

Suzanne:

 

I have been dealing with similar questions (LOPA by surviving spouse versus PR Deed) in two matters recently.  I have used LOPA in the past but always felt it was somehow not as bullet-proof as a PR Deed.  I contacted a local title company who opined that, in their experience, title underwriters are favoring PR Deeds.  I am waiting to hear back from another title company to see what their opinion is.

 

Jim Dolan 

 

===================

 

Jones Butler Dolan, PS

www.jbdolan.com <http://www.jbdolan.com> 

www.jonesbutlerdolan.com <http://www.jonesbutlerdolan.com> 

 

Mount Vernon

 

P.O. Box 2784

415 Pine Street 

Mount Vernon, WA 98273

Telephone: 360-336-2939

Facsimile: 360-336-2949

 

Stanwood

 

P.O. Box 458

10027 - 269th Place NW (SR 532)

Stanwood, WA 98292

Telephone: 360-629-3833

Facsimile: 360-629-6253

 

 

 

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Suzanne Lieberman
Sent: Tuesday, June 15, 2021 11:12 AM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Lack of probate affidavit for WA property

 

Hello,

 

PC is an adult on SSI whose sibling, who was the PR for the probate in California, where most of the assets were held, closed probate in that state a few months ago. 3 siblings are only beneficiaries of decedent mom's estate in will, with everything split equally.

 

All creditor claims have been paid (decedent died in January 2019), and now client wants to see if she can do a lack of probate affidavit for the house in WA where she currently resides (not called out in will).The siblings want to give her their shares of the house. We would need to set up a SNT for the client for the CA proceeds and for the WA house. 

 

The question is whether we can do a LOPA for the WA property or whether an ancillary probate (or full probate minus the creditor claim period) needs to be opened here (and CA probate reopened?), and whether PC can hire us to do this or whether it needs to be handled by the sibling PR in California.




Sincerely, 

 

Suzanne Lieberman

 <http://cmslawfirm.com/> CMS Law Firm LLC

811 Kirkland Ave. Suite 201 (please note new address!)

Kirkland, WA 98033

206-383-6484 (Cell Phone)

206-659-1512 (Main Office)

 

 

Legal stuff I have to put in... To ensure compliance with Treasury Department and IRS regulations, we inform you that, unless expressly indicated otherwise, any federal tax advice contained in this communication (including any attachments) is not intended or written by CMS Law Firm LLC to be used, and cannot be used by the taxpayer, for the purpose of: (i) avoiding penalties that may be imposed on the taxpayer under the Internal Revenue Code; or (ii) promoting, marketing, or recommending to another party any transaction or matter addressed herein (or any attachments).

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