[WSBAPT] Lack of Probate after death of first spouse for Re-fi

[Roger Hawkes]

Whatever works and is least expensive, both money and time under consideration.  Title companies are private entities and entitled to have differing policies.

Roger Hawkes, WSBA # 5173
Shoreline Office: 19944 Ballinger Way NE
                                Shoreline, WA 98155
Sultan Office:        423 Main
                                 Sultan, WA 98294

Phone: 206 367 5000; fax: 206 367 4005
Email: roger at law-hawks.com<mailto:roger at law-hawks.com>
Web site: www.hawkeslawfirm.com<http://www.hawkeslawfirm.com/>
[cid:image002.jpg at 01D74335.8761A4D0]

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Nicholas Pleasants
Sent: Friday, May 7, 2021 10:53 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Lack of Probate after death of first spouse for Re-fi

Hi All,
Surviving spouse wants to re-fi several years after death of first spouse. House is community property, both names on deed and vesting deed explicitly states community property, but no mention of JTWRS. No Will, no Community Property Agreement.
Proposed lender will not accept Lack of Probate Affidavit and insists on a probate to clear title to survivor. Seems contradictory to RCW 11.04.290. I have had plenty of productive conversations with title officers to insure on the LOPA, but it seems the lender holds the cards on the re-fi. Just try a different lender until we get one that accepts the LOPA? Or is this a situation where folks are probating to appease the lender on the re-fi?
Thanks for your help.
Best,
Nick

Nicholas Pleasants
Owner

[(Logo) Pleasants Law Firm]<http://www.pleasantslaw.com/>

Pleasants Law Firm, P.S.
2300 130th Ave NE, Suite A-101
Bellevue, WA 98005-1755
(425) 615-7070 tel/fax
nick at pleasantslaw.com<mailto:nick at pleasantslaw.com>
www.pleasantslaw.com<http://www.pleasantslaw.com>
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