[WSBAPT] Recording a death certificate

Thu Sep 28 09:28:39 PDT 2023

Appreciate your advice Nick - Thanks

[cid:c2d547b9-6bc4-482a-9dff-bf22e8394085]
________________________________
From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> on behalf of Nick Pleasants <npleasants at ohswlaw.com>
Sent: Thursday, September 28, 2023 9:00 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Recording a death certificate

File the Will in Superior Court. RCW 11.20.010. I don't think it is appropriate to file the Death Certificate in a Will only cause with the Superior Court Clerk.
I think folks are missing the point that a major advantage of living trusts is to keep aspects of the family wealth transfer private. Unlike a probate/lack of probate asset transfer, where the death certificate is the legal proof that the fee simple interest has vested to someone else, the Trust is an entity that continues in existence after one trustee's death, especially where there is a surviving spouse. Surviving Spouse is unlikely to have to record the death certificate in order to be able to convey the property since she can do an Affidavit of Trustee that demonstrates she has that authority, and Title Co. should generally accept that. Title Co. may want to see the deceased trustee's death certificate, but I have not experienced Title Co. demanding that it be recorded.
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>

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 michael westseattleattorney.com <michael at westseattleattorney.com>
Sent: Thursday, September 28, 2023 8:39 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Recording a death certificate

Nick,
You said you would not record the redacted DC, but would file the pour-over will for public record on death of first spouse. Curious if you mean record the Pour Over Will or file in court. Would it matter if the first spouse died in another jurisdiction?  Just thinking about risks of the heirs being able to find the DC a decade later. If you record the Will, can you attach the redacted DC to the Pourover will as an exhibit ?
Thanks
Mike

[cid:6825597c-5f92-483c-8547-ee2b00188cdb]
________________________________
From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> on behalf of Lewis, Amy C. <ALewis at Eisenhowerlaw.com>
Sent: Wednesday, September 27, 2023 9:18 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Recording a death certificate

Our normal practice is the same as Nick’s.

Amy Lewis, Attorney
Pronouns she/her/hers
[cid:Logo_fa335a1d-9f24-4802-a3dd-b58f259e3c98.png]

909 A Street, Suite 600 | Tacoma, WA 98402
phone 253.572.4500 | fax 253.272.5732 | www.eisenhowerlaw.com<http://www.eisenhowerlaw.com/>

From: wsbapt-bounces at lists.wsbarppt.com <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>
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>

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<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)
marka at mbaesq.com<mailto:marka at mbaesq.com>
www.mbaesq.com<http://www.mbaesq.com/>

CONFIDENTIALITY NOTICE
This transmission is confidential and is intended solely for the use of the individual named recipient. It may be protected by the attorney-client privilege, work product doctrine, or other confidentiality protection. If you are not the intended recipient, or the person responsible to deliver it to the intended recipient, be advised that any dissemination, distribution, or copying of this communication is prohibited. If you have received this transmission in error, please immediately notify the sender via e-mail or by telephone at (253) 327-1750 that you have received the message in error, and then delete it. Thank you.

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>

 IMPORTANT/CONFIDENTIAL: This e-mail message (and any attachments accompanying it) may contain confidential information, including information protected by attorney-client privilege. The information is intended only for the use of the intended recipient(s). Delivery of this message to anyone other than the intended recipient(s) is not intended to waive any privilege or otherwise detract from the confidentiality of the message. If you are not the intended recipient, or if this message has been addressed to you in error, do not read, disclose, reproduce, distribute, disseminate or otherwise use this transmission. Rather, please promptly notify the sender by reply e-mail, and then destroy all copies of the message and its attachments, if any.
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20230928/5b4fe6c6/attachment-0001.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.jpg
Type: image/jpeg
Size: 10176 bytes
Desc: image001.jpg
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20230928/5b4fe6c6/image001-0001.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: Logo_fa335a1d-9f24-4802-a3dd-b58f259e3c98.png
Type: image/png
Size: 22687 bytes
Desc: Logo_fa335a1d-9f24-4802-a3dd-b58f259e3c98.png
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20230928/5b4fe6c6/Logo_fa335a1d-9f24-4802-a3dd-b58f259e3c98-0001.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: Outlook-ll0m2ims.png
Type: image/png
Size: 57245 bytes
Desc: Outlook-ll0m2ims.png
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20230928/5b4fe6c6/Outlook-ll0m2ims-0001.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: Outlook-OseranHahn
Type: image/jpg
Size: 10176 bytes
Desc: Outlook-OseranHahn
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20230928/5b4fe6c6/Outlook-OseranHahn-0001.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: Outlook-c13vr50d.png
Type: image/png
Size: 57245 bytes
Desc: Outlook-c13vr50d.png
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20230928/5b4fe6c6/Outlook-c13vr50d-0001.png>