[WSBAPT] Recording a death certificate

[Diane J. Kiepe]

I have heard open credit cards or find out family information leading to other identity theft.  The first is not an issue when folks pass but the second is a potential issue I suppose – I have had 2 clients this year with stolen identities and it seems to stem from ssn –

I always say if someone stole mine they’d be sorely disappointed 😉


Diane J. Kiepe
Douglas Eden, P.S.
717 W. Sprague Ave., Suite 1500
Spokane, WA  99201
djkiepe at depdslaw.com<mailto:djkiepe at depdslaw.com>
509-455-5300

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Philip N. Jones
Sent: Wednesday, September 27, 2023 10:04 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Recording a death certificate

I have always wondered what a wrong-doer can do with a decedent’s SSN.  Any ideas?
Phil Jones

Philip N. Jones
Duffy Kekel LLP
900 S.W. Fifth Ave. Suite 2500
Portland, OR 97204
pjones at duffykekel.com<mailto:pjones at duffykekel.com>
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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 Diane J. Kiepe
Sent: Wednesday, September 27, 2023 9:14 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Recording a death certificate

So, I’m on team file the DC but I also redact the SSN of the decedent.  If surviving spouse is not a good record keeper, dies suddenly, etc. the matter is on record.  I would also be certain what, if anything must be done with the property at first death.  Most joint trusts I have seen require a division into subtrusts (deceased’s trust, made up of deceased’s sp and cp (1/2) and survivor’s trust (survivor’s sp and cp (1/2)) and a deed may be needed now.  It’s a shame because many times subtrust are not necessary (I have drafted more than one TEDRA around that issue)


Diane J. Kiepe
Douglas Eden, P.S.
717 W. Sprague Ave., Suite 1500
Spokane, WA  99201
djkiepe at depdslaw.com<mailto:djkiepe at depdslaw.com>
509-455-5300

KINDLY ALLOW 2-4 WORKING DAYS TO RECEIVE A RESPONSE TO NON-URGENT EMAILS.  FEEL FREE TO SEND YOUR EMAIL (OR RESEND YOUR EMAIL AS THE CASE MAY BE) MARKED URGENT IN THE SUBJECT LINE.


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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 Nick Pleasants
Sent: Tuesday, September 26, 2023 5:25 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Recording a death certificate

I’ll add a dissenting opinion. Why are you recording the death certificate at all? If/when the property is sold, the title company is going to do its own investigatoin, and you probably would just tell them one of the trustees died and give the title company the death certificate, and they can record it if they want to or not. Given that, I do not routinely record the death certificate if property is in a living trust.
If it bothers the client to have the Deceased spouse’s name on the property tax bill, you can just call the County Treasurer/Assessor and have them change it (they don’t usually require a REETA to make a change to the taxpayer name).
My bias is to not make things a permanent public record unless necessary. In this case, it is not necessary to record the death certificate after the first spouse dies.
You would be required to file the pour-over will, if any exists. That is often all we file for public record on death of first spouse.
Best,
Nick

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>

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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 Mark Anderson
Sent: Tuesday, September 26, 2023 9:26 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Recording a death certificate

My answer would be yes.  Otherwise, the client will just have to deal with that later when the client goes to sell or otherwise dispose of the property.  Also, this may serve to put a "tick mark" in the records of the county assessor as to documents/events affecting title to the property.

Mark B. Anderson
ANDERSON LAW FIRM PLLC
821 Dock St  Ste 209  PMB 4-12
Tacoma, Washington 98402
+1 253-327-1750
+1 253-327-1751 (fax)
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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 Jon Fritzler
Sent: 09/19/2023 12:38 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] Recording a death certificate

Client and his deceased spouse were co-trustee’s of their RLT.  When recording the spouse’s death certificate, should a cover sheet be recorded with the legal description of the property(ies) affected?

Sincerely,
Jon M. Fritzler
Attorney at Law
717 E. 22nd St.
Vancouver, WA 98666
Tel. 360.818.4431
E-mail fritzlerlaw at outlook.com<mailto:fritzlerlaw at outlook.com>




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