[WSBAPT] LOPA / missing Will

[Nick Pleasants]

Is the survivor trying to sell a house that was Community Property? If so, I think that is pretty low risk because it follows the intestate scheme. If it is decedent's separate property, then you might have more of an issue. Might need to consider RCW 11.54 petition to terminate potential interest of the decedent's heirs at law.

Nicholas Pleasants | Shareholder

[OseranHahnAttyatLaw 8]

11225 SE 6th Street | Suite 100 | Bellevue, WA 98004
Main: (425) 455-3900 | Fax: (425) 455-9201 | E-mail: npleasants at ohswlaw.com<mailto:npleasants at ohswlaw.com>

CONFIDENTIALITY NOTE: This e-mail message contains information belonging to the law firm of Oseran Hahn, P.S., which may be privileged, confidential and/or protected from disclosure. The information is intended only for the use of the individual or entity named above. If you think that you have received this message in error, please e-mail the sender. If you are not the intended recipient, any dissemination, distribution or copying is strictly prohibited.

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Heather de Vrieze
Sent: Tuesday, June 21, 2022 12:29 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] LOPA / missing Will

I'd want a fair bit more information about who the intestate heirs are, chances of anyone challenging survivor's recollection and how (and how long ago) decedent and spouse took title, etc. before I would opine whether a LOPA was advised, or whether a probate was going to be better.

Heather

Heather S. de Vrieze
Attorney-at-Law
[cid:image004.jpg at 01D885A8.D4EA8990]
3909 California Avenue SW
Seattle, WA 98116-3705
(206)938-5500
heatherd at westseattlelaw.com<mailto:heatherd at westseattlelaw.com>
www.westseattlelaw.com<http://www.westseattlelaw.com/>
Click here to connect with de Vrieze | Carney on Facebook:   [FB Logo] <https://www.facebook.com/DeVriezeCarney>

Please note that the de Vrieze | Carney PLLC summer schedule which begins the week of July 11th and continues through the week of August 22nd. During this period our office will be open Monday through Thursday - 8:30am - 5:00pm. We are also closed June 20th, July 4th (both Mondays this year).

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<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of Sharon Rutberg
Sent: Tuesday, June 21, 2022 11:10 AM
To: wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] LOPA / missing Will

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/20220622/0be89612/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image003.jpg
Type: image/jpeg
Size: 10176 bytes
Desc: image003.jpg
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20220622/0be89612/image003.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image004.jpg
Type: image/jpeg
Size: 17884 bytes
Desc: image004.jpg
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20220622/0be89612/image004.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image005.png
Type: image/png
Size: 18009 bytes
Desc: image005.png
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20220622/0be89612/image005.png>