[WSBAPT] Curious sale of house without probate

[John McCrady]

There are occasions where we are very comfortable that:

  1.  The heirs at law of the deceased are A, B and C
  2.  The will of the deceased leaves the property to D E and F.
We have on occasion insured a deed executed by A, B, C, D, E and F, “being all the heirs and devisees of John Doe, deceased.”
But this is extremely rare.  We would never insure a deed executed by an un-appointed PR.

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>
[Picture4]
Beginning July 26, 2021, recording fees for most documents recorded in Washington will increase by $100<https://www.piercecountywa.gov/DocumentCenter/View/105275/Recording-Fee-Schedule-Effective-Jul-25-2021->. Please be sure to collect recording fees accordingly. Due to the above increase, our Reconveyance fees will also be increased by $100.00

WARNING-FRAUDULENT FUNDING INSTRUCTIONS
Email hacking and fraud are on the rise to fraudulently misdirect funds.  Please call your escrow officer immediately using contact information found from an independent source, such as the sales contract or internet, to verify any funding instructions received.  We are not responsible for any wire sent by you to an incorrect bank account.


From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Karl Flaccus
Sent: Wednesday, September 29, 2021 10:42 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Curious sale of house without probate

We represent a beneficiary of an estate that goes not as per the intestacy statute, that is, the will leaves everything to the kids and the grandkids.  The house is on the market and supposedly has a buyer, without probate being opened. The realtor says, “I’ve done this before” (i.e. sell a house “following the will” without a probate where “everyone signs off on it”).  The unappointed out of state PR says he has no intention of opening a probate and will follow his realtor’s advice.  Apparently the title insurance company will do this if everyone indemnifies them.

There are obvious liability issues, creditor claim issues, etc.

Is this a new thing that is happening?

Thanks.

Karl

FLACCUS LAW
7010 35th Ave. N.E.
Seattle, Washington  98115
206 523-0297

Information in this e-mail message is privileged, confidential, and intended only for the use of the recipient named. If you received this in error, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited – please notify us by telephone immediately at (206) 523-0297, and delete the original message. Thank you.




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