[WSBAPT] King County Lack of Probate Affidavit?

Fri Sep 17 16:21:41 PDT 2021

It's incredible hearing the vast differences in procedure from county to
county under what is ultimately an issue of state law. Jefferson, Clallam,
and Kitsap Counties all accept LOPAs to remove a deceased spouse, provided
a death certificate is attached and recorded (which was what I'm attempting
to do). Up until last year, I had never had to even submit a REETA for
processing a LOPA. Yet now I'm hearing people talk about having to probate
a deceased spouse's estate even if the vesting deed references the
community property character. Oh well, time to give my client some bad news.

Best,
David J. Faber
Faber Feinson PLLC
800 Polk Street, Suite B
Port Townsend, WA 98368
(360) 379-4110

*** NOTICE: ATTORNEY CLIENT COMMUNICATION - PRIVILEGED & CONFIDENTIAL.
This communication may contain privileged or other confidential
information. If you are not the intended recipient, or believe that
you have received this communication in error, please do not print,
copy, retransmit, disseminate, or otherwise use the information. Also,
please indicate to the sender that you have received this communication in
error, and destroy the copy you received.***

On Fri, Sep 17, 2021 at 3:37 PM Heather de Vrieze <
heatherd at westseattlelaw.com> wrote:

> That is where county specific knowledge is quite helpful. I have almost
> exclusively recorded them as an attachment to the CP (LOP) Affidavit for
> years here in King County. No problems yet.
>
>
>
> Heather
>
>
>
> Heather S. de Vrieze
> *Attorney-at-Law*
>
> 3909 California Avenue SW
>
> Seattle, WA 98116-3705
>
> (206)938-5500
>
> heatherd at westseattlelaw.com
>
> www.westseattlelaw.com
>
> *Click here to connect with de Vrieze | Carney on Facebook: *  *[image:
> FB Logo]* <https://www.facebook.com/DeVriezeCarney>
>
>
>
> CONFIDENTIAL & PRIVILEGED. This e-mail message may contain legally
> privileged and/or confidential information.  If you have received this
> e-mail in error, please notify the sender immediately and delete all copies
> of this e-mail message and any attachment.
>
>
>
> *From:* wsbapt-bounces at lists.wsbarppt.com <
> wsbapt-bounces at lists.wsbarppt.com> *On Behalf Of *Jane Bitz
> *Sent:* Friday, September 17, 2021 3:11 PM
> *To:* WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> *Subject:* Re: [WSBAPT] King County Lack of Probate Affidavit?
>
>
>
> I would add that the Death Certificate should be recorded as a separate
> document at the time the Lack of Probate Affidavit is filed. There is a
> separate fee, but it is nominal and was not increased when the latest round
> of increases went through. In Spokane County, the Auditor won’t let us
> “attach” a Death Certificate to a CPA or LPOA.
>
> Jane.
>
>
>
> *Jane G. Bitz*
>
> Of Counsel | Wolff, Hislop & Crockett, PLLC
>
> *Helping Good People do Great Things!*
>
> 12209 E. Mission Ave., Suite 5
>
> Spokane Valley, WA 99206
>
> (509) 927-9700 (Phone)
>
> (509) 777-1800 (Fax)
>
> jbitz at whc-attorneys.com [Email]
>
> www.whc-attorneys.com <http://www.wolffandhislop.com/>
>
>
>
>
>
> [image: signatureLogo]
>
>
>
> *THE CONTENTS OF THIS ELECTRONIC MAIL ARE CONFIDENTIAL AND PROTECTED BY
> THE ATTORNEY-CLIENT PRIVILEGE OR OTHER APPLICABLE PROTECTION.  Any review,
> use, distribution or disclosure by others is strictly prohibited.  If you
> have received this electronic mail in error, PLEASE NOTIFY ME BY E-MAIL,
> FAX OR TELEPHONE and PROMPTLY DELETE this electronic mail.  This mail
> cannot be modified without the express written consent of Wolff, Hislop, &
> Crockett, PLLC.  Thank You.*
>
>
>
>
>
>
>
> *From:* wsbapt-bounces at lists.wsbarppt.com <
> wsbapt-bounces at lists.wsbarppt.com> *On Behalf Of *Heather de Vrieze
> *Sent:* Friday, September 17, 2021 2:07 PM
> *To:* WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> *Subject:* Re: [WSBAPT] King County Lack of Probate Affidavit?
>
>
>
> I agree with Mike. I use affidavits with a death certificate copy attached
> frequently in two circumstances.
>
>    1. A community property agreement was in place to confirm all assets
>    to surviving spouse and we want to demonstrate for the record that one
>    spouse has died and the terms of the agreement come into effect. The
>    Community Property (Lack of Probate) Affidavit I record at that time
>    confirms ownership in the surviving spouse and likely resolves questions a
>    title company may have later when survivor or their estate is selling or
>    refinancing.
>    2. Where property is being sold or mortgaged by a surviving spouse or
>    their estate and the title company requests the lack of probate affidavit
>    to insure title (without probate) in the survivor or new owner. The title
>    company usually records these, or will record a short form of it.
>
> In most other circumstances I believe that probate is the proper way to
> clear a deceased spouse off of title and transfer ownership to the
> survivor. It is not a mechanism of transfer under the law.
>
>
>
> Heather
>
>
>
> Heather S. de Vrieze
> *Attorney-at-Law*
>
> 3909 California Avenue SW
>
> Seattle, WA 98116-3705
>
> (206)938-5500
>
> heatherd at westseattlelaw.com
>
> www.westseattlelaw.com
> <https://urldefense.proofpoint.com/v2/url?u=http-3A__www.westseattlelaw.com_&d=DwMGaQ&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=QdyRUSI4IjN8jHONJV63CB7QV6AxGix1TpuYc8c6Rww&m=3c2s9PgTFdL_Lu7r8vURbYspyPJDg0plozoABVWXnHA&s=OsFmnexMxMRLG1Knw87D-48gK7Z5vh6p0kV0G2Yy1P0&e=>
>
> *Click here to connect with de Vrieze | Carney on Facebook:   **[image:
> FB Logo]*
> <https://urldefense.proofpoint.com/v2/url?u=https-3A__www.facebook.com_DeVriezeCarney&d=DwMGaQ&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=QdyRUSI4IjN8jHONJV63CB7QV6AxGix1TpuYc8c6Rww&m=3c2s9PgTFdL_Lu7r8vURbYspyPJDg0plozoABVWXnHA&s=aHYoZKC3VB_10eVk5tY5WtCDADl1MMz2_sEv1DIRFBo&e=>
>
>
>
> CONFIDENTIAL & PRIVILEGED. This e-mail message may contain legally
> privileged and/or confidential information.  If you have received this
> e-mail in error, please notify the sender immediately and delete all copies
> of this e-mail message and any attachment.
>
>
>
> *From:* wsbapt-bounces at lists.wsbarppt.com <
> wsbapt-bounces at lists.wsbarppt.com> *On Behalf Of *Mike Zeno
> *Sent:* Friday, September 17, 2021 11:57 AM
> *To:* WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> *Subject:* Re: [WSBAPT] King County Lack of Probate Affidavit?
>
>
>
> David, I don’t think you can do what you want to do, which, if I
> understand it correctly, is to convey the decedent’s interest in community
> property to the surviving spouse using a Lack of Probate Affidavit in lieu
> of doing a probate and having the PR give a PR’s deed.  When the surviving
> spouse conveys to a third party, then the Lack of Probate Affidavit would
> probably suffice for the title company to insure the conveyance—and you
> would be furnishing the Lack of Probate Affidavit at the time of the sale,
> at which time it could be recorded with the deed at closing (which is what
> the excise tax desk expects).
>
>
>
> There may be a work-around I’m not aware of…
>
>
>
> Mike
>
>
>
> *The Law Office of G. Michael Zeno, Jr., P.S.*
>
> T:  (425) 947-8050   F:  (425) 947-8052
>
> 135 Lake Street S., Suite 257
>
> Kirkland, WA 98033
>
>
>
> *Confidential/Privileged Communication:* This email and any attachments
> are confidential, privileged and intended only for the intended
> recipient(s).  Unauthorized disclosure, copying, distribution or use of
> this email is prohibited.  If you received this email in error, please
> notify me immediately so we can arrange for the message and documents to be
> returned and deleted. Thank you.
>
> *IRS Circular 230 Disclaimer:* Any tax advice provided in this
> communication (including attachments) is not intended or written to be
> used, and it cannot be used, by the recipient or any other taxpayer (i) for
> the purpose of avoiding penalties that may be imposed on the recipient or
> any other taxpayer, or (ii) in promoting, marketing or recommending to
> another party a partnership or other entity, investment plan, arrangement
> or other transaction.  You should seek advice based on your particular
> circumstances from an independent tax advisor.
>
>
>
> *From:* wsbapt-bounces at lists.wsbarppt.com <
> wsbapt-bounces at lists.wsbarppt.com> *On Behalf Of *David Faber
> *Sent:* Friday, September 17, 2021 9:59 AM
> *To:* WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> *Subject:* [WSBAPT] King County Lack of Probate Affidavit?
>
>
>
> I tried to file a Lack of Probate Affidavit in King County on a deceased
> spouse, removing them from the community property. It just bounced back
> with a statement from the County that they will not accept Lack of Probate
> Affidavits for transfers of property, and instead that they accept them for
> recording as documentation when recording a deed pursuant to an
> inheritance. Am I correct in presuming that they are stating the surviving
> spouse needs to also sign a Quitclaim Deed to themselves and use the Lack
> of Probate Affidavit and death certificate as a supporting document in lieu
> of *Letters*? If so, would someone  please either confirm or refute that
> King County processes the LOPA+Death Certificate as an attachment or if I
> have to process those in some other way?
>
>
>
> Thank you!
>
>
>
> David J. Faber
>
> Faber Feinson PLLC
>
> 800 Polk Street, Suite B
>
> Port Townsend, WA 98368
> (360) 379-4110
>
>
>
> *** NOTICE: ATTORNEY CLIENT COMMUNICATION - PRIVILEGED & CONFIDENTIAL.
> This communication may contain privileged or other confidential
> information. If you are not the intended recipient, or believe that
> you have received this communication in error, please do not print,
> copy, retransmit, disseminate, or otherwise use the information. Also,
> please indicate to the sender that you have received this communication in
> error, and destroy the copy you received.***
> ***Disclaimer: Please note that RPPT listserv participation is not
> restricted to practicing attorneys and may include non-practicing
> attorneys, law students, professionals working in related fields, and
> others.***
> _______________________________________________
> WSBAPT mailing list
> WSBAPT at lists.wsbarppt.com
> http://mailman.fsr.com/mailman/listinfo/wsbapt
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20210917/94db9f16/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image004.jpg
Type: image/jpeg
Size: 17884 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20210917/94db9f16/image004.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image005.png
Type: image/png
Size: 18009 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20210917/94db9f16/image005.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image008.jpg
Type: image/jpeg
Size: 4728 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20210917/94db9f16/image008.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image009.png
Type: image/png
Size: 13930 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20210917/94db9f16/image009.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image010.jpg
Type: image/jpeg
Size: 4882 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20210917/94db9f16/image010.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image011.jpg
Type: image/jpeg
Size: 4790 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20210917/94db9f16/image011.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image012.png
Type: image/png
Size: 3354 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20210917/94db9f16/image012.png>