[WSBAPT] LOPA / missing Will

[Sharon Rutberg]

Hi, folks -

Client says his spouse died with a Will leaving all to client (the surviving spouse), but survivor cannot find it and no one else appears to have a copy (attorney was not used).  Survivor wants to sign a Lack of Probate Affidavit in connection with a real estate transaction, and that document asks if there is an Will and requests a copy be attached. If the Will cannot be located (and if we believe it was validly executed), can the survivor sign a LOPA? Or does he need to attempt to open a probate with a "lost Will"?  Either a LOPA or a probate is most likely needed to satisfy the title company.

Thanks,
Sharon

Sharon C. Rutberg, Attorney at Law
Salmon Bay Law Group, PLLC
1734 NW Market St.
Seattle, WA 98107
206-735-3177, ext. 2
sharon at salmonbaylaw.com<mailto:sharon at salmonbaylaw.com>
Website: www.salmonbaylaw.com<http://www.salmonbaylaw.com/>
Washington State Bar #47055

NOTICES
The contents of this message and any attachments may be protected by the attorney-client privilege, work product doctrine, and/or other applicable protections. If you are not the intended recipient or have received this message in error, please notify the sender and promptly delete the message. Thank you for your assistance.

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20220621/e597cee1/attachment.html>