[WSBAPT] WSBAPT Digest, Vol 130, Issue 17

Amy Felt amy at feltlaw.com
Tue Jul 22 15:30:56 PDT 2025


Lack of Probate Aff/Comm Prop agreement -

I had an interesting and frustrating experience yesterday at the Spokane
County Treasurer's Office. I had previously recorded a Community Property
Agreement and redacted death certificate for a client whose husband died a
few years ago. I was trying to file a Quit Claim Deed for the surviving
spouse into their newly created Revocable Trust. I had the necessary deed
for moving the house from the surviving spouse to the Trust with the needed
REETAS. The Treasurer's Office said I needed a deed (PR Deed) from the
PR to his wife in addition to the CPA and redacted death cert.  I said that
the CPA negates the need for a deed and said there was never a formal
probate opened so the PR could not do a deed. Who is going to sign the deed
for the deceased husband if there is not a formal probate?

Three staff members told me the DOR had been pushing back that filing the
CPA was not enough that a conveyance could only be done through deed. They
all said the DOR was pushing back on LOPA as not being a conveyance and
apparently CPA's as well. I said the CPA did not need a LOPA in addition to
it. Anyway, after 1 1/2 hours debating with the staff and getting a manager
involved (manager could not find the supposed push back email they referred
to) reluctantly accepted the documents and I paid the fees. I told them if
something had changed with the DOR to please let me know, but that every
other time I had filed a CPA and death certificate that another deed was
not required to move the property from deceased spouse to surviving and a
second deed from surviving spouse into their trust.

One of the staff also told me I had to have filed the CPA before the
husband died, which I told her I think she was confused with a TOD. I don't
think she believed me!

Has anyone else had any pushback or did I just get staff that did not know
what they are doing. I have done this same transaction numerous times over
the years without incident.

On Tue, Jul 22, 2025 at 12:00 PM <wsbapt-request at lists.wsbarppt.com> wrote:

> Send WSBAPT mailing list submissions to
>         wsbapt at lists.wsbarppt.com
>
> To subscribe or unsubscribe via the World Wide Web, visit
>         http://mailman.fsr.com/mailman/listinfo/wsbapt
> or, via email, send a message with subject or body 'help' to
>         wsbapt-request at lists.wsbarppt.com
>
> You can reach the person managing the list at
>         wsbapt-owner at lists.wsbarppt.com
>
> When replying, please edit your Subject line so it is more specific
> than "Re: Contents of WSBAPT digest..."
>
>
> Today's Topics:
>
>    1. Declaring a person dead after missing more than 7 years to
>       obtain court order (Dalynne Singleton)
>    2. Professional Executors, Pierce County (Lynn Clare)
>    3. Re: Professional Executors, Pierce County
>       (Jeff at bellanddavispllc.com)
>    4. Buying House with Inheritance (Amy Goertz)
>    5. Re: Buying House with Inheritance (Marcus Fry)
>    6. Re: Professional Executors, Pierce County (Lewis, Amy C.)
>    7. Re: Need referral for New Jersey Guardianship Attorney
>       (Nick Pleasants)
>    8. Re: Lack of Probate Aff/Comm Prop agreement (Nick Pleasants)
>
>
> ----------------------------------------------------------------------
>
> Message: 1
> Date: Mon, 21 Jul 2025 19:28:35 +0000
> From: Dalynne Singleton <dalynne at glgmail.com>
> To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> Subject: [WSBAPT] Declaring a person dead after missing more than 7
>         years to obtain court order
> Message-ID:
>         <
> BN7PPF7F4CD71A4255156911031292AF2A3A55DA at BN7PPF7F4CD71A4.namprd12.prod.outlook.com
> >
>
> Content-Type: text/plain; charset="us-ascii"
>
> My firm has a situation where we have a client whose wife went missing
> many years ago and he needs a QCD removing her from the title to real
> property so he can sell it.  I found caselaw (Ireland v. Metro. Life Ins.
> Co., 184 Wash. 1, 4, 49 P.2d 469, 471 (1935)) and statute (RCW
> 11.05A.050(5)) which provides for a person who has been missing for 7 years
> to be declared legally dead.
>
> I would appreciate receiving any petition and order obtained or reference
> to a probate estate cause number/county in which someone has been
> successful in this regard.
>
> In Washington State, the process for declaring a missing person legally
> dead is governed by RCW 11.05A.050.
> Legal Presumption of Death in Washington - A person may be presumed dead
> under the following conditions:
> Seven-Year Rule:
>
>   *   If an individual has been absent for a continuous period of seven
> years, during which they have not been heard from, and their absence is not
> satisfactorily explained after a diligent search or inquiry, they are
> presumed to be dead.
>   *   The death is presumed to have occurred at the end of the seven-year
> period, unless there is sufficient evidence to suggest it occurred earlier.
>
> Thank you.
> Dalynne Singleton
> Dalynne Singleton
> Gourley Law Group
> Snohomish Escrow/The Exchange Connection
> 1002 10th Street / PO Box 1091
> Snohomish, WA 98291
> 360.568.5065
> 360.568.8092  fax
> dalynne at glgmail.com<mailto:dalynne at glgmail.com>  Website:
> www.glglawgroup.com<http://www.glglawgroup.com/>
> Attorney/client meetings will be handled virtually whenever possible.  If
> you would like to set a consultation, please call/email one my paralegals
> Valerie valerie at glgmail.com<mailto:valerie at glgmail.com>, Kelly
> kelly at glgmail.com<mailto:kelly at glgmail.com>, Erica erica at glgmail.com
> <mailto:erica at glgmail.com>, or Theresa theresa at glgmail.com<mailto:
> theresa at glgmail.com>.  Co-counsels at GLG are Attorney Spencer Clower
> with paralegal, Kristin Jacobs (spencer at glgmail.com<mailto:
> spencer at glgmail.com> kristin at glgmail.com<mailto:kristin at glgmail.com>) &
> Carrie Ulrich and Candace Wilkerson (carrie at glgmail.com<mailto:
> carrie at glgmail.com> candace at glgmail.com<mailto:candace at glgmail.com> ).
>
> LICENSED IN WASHINGTON. 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.
> [cid:image001.gif at 01DBFA3A.FE1C3430]   [cid:image002.png at 01DBFA3A.FE1C3430]
> [cid:image003.png at 01DBFA3A.FE1C3430]
> [cid:image004.png at 01DBFA3A.FE1C3430]
>
> -------------- next part --------------
> An HTML attachment was scrubbed...
> URL: <
> http://mailman.fsr.com/pipermail/wsbapt/attachments/20250721/3968fb3b/attachment-0001.html
> >
> -------------- next part --------------
> A non-text attachment was scrubbed...
> Name: image001.gif
> Type: image/gif
> Size: 4337 bytes
> Desc: image001.gif
> URL: <
> http://mailman.fsr.com/pipermail/wsbapt/attachments/20250721/3968fb3b/image001-0001.gif
> >
> -------------- next part --------------
> A non-text attachment was scrubbed...
> Name: image002.png
> Type: image/png
> Size: 5410 bytes
> Desc: image002.png
> URL: <
> http://mailman.fsr.com/pipermail/wsbapt/attachments/20250721/3968fb3b/image002-0001.png
> >
> -------------- next part --------------
> A non-text attachment was scrubbed...
> Name: image003.png
> Type: image/png
> Size: 6082 bytes
> Desc: image003.png
> URL: <
> http://mailman.fsr.com/pipermail/wsbapt/attachments/20250721/3968fb3b/image003-0001.png
> >
> -------------- next part --------------
> A non-text attachment was scrubbed...
> Name: image004.png
> Type: image/png
> Size: 5869 bytes
> Desc: image004.png
> URL: <
> http://mailman.fsr.com/pipermail/wsbapt/attachments/20250721/3968fb3b/image004-0001.png
> >
>
> ------------------------------
>
> Message: 2
> Date: Mon, 21 Jul 2025 12:47:15 -0700
> From: Lynn Clare <lynnclare at clarelawfirm.com>
> To: "WSBA Probate & Trust listserve" <wsbapt at lists.wsbarppt.com>
> Subject: [WSBAPT] Professional Executors, Pierce County
> Message-ID:
>         <
> CAEW-UCpZUKs4vymJXBkG41HbmMz34-U2be9+a4SX5JgZ5d4rxg at mail.gmail.com>
> Content-Type: text/plain; charset="utf-8"
>
> I have a friend who is a financial planner wondering if there are attorneys
> or trust companies that also provide professional executor services for
> large, complex estates. The PC is in Pierce County.
>
> Lynn Clare
> Clare Law Firm
> -------------- next part --------------
> An HTML attachment was scrubbed...
> URL: <
> http://mailman.fsr.com/pipermail/wsbapt/attachments/20250721/125775ac/attachment-0001.html
> >
>
> ------------------------------
>
> Message: 3
> Date: Mon, 21 Jul 2025 13:15:00 -0700
> From: <Jeff at bellanddavispllc.com>
> To: "'WSBA Probate & Trust Listserv'" <wsbapt at lists.wsbarppt.com>
> Subject: Re: [WSBAPT] Professional Executors, Pierce County
> Message-ID: <01b001dbfa7c$23a07a90$6ae16fb0$@bellanddavispllc.com>
> Content-Type: text/plain; charset="utf-8"
>
> Look at Clarity Guardians, LLC, P. O. Box 64750, Tacoma, WA  98464, (253)
> 433-0115.
>
>
>
> W. Jeff Davis
>
> BELL & DAVIS PLLC
>
> Attorneys at Law
> P.O. Box 510
>
> 720 E. Washington Street, Suite 105
> Sequim WA 98382
> Phone: (360) 683.1129
> Fax: (360) 683.1258
> email:  <mailto:jeff at bellanddavispllc.com> jeff at bellanddavispllc.com
>  <http://www.bellanddavispllc.com/> www.bellanddavispllc.com
>
> The information contained in this e-mail message may be privileged,
> confidential, and protected from disclosure. If you are not the intended
> recipient, any dissemination, distribution, or copying is strictly
> prohibited. If you think that you have received this e-mail message in
> error, please e-mail the sender at  <mailto:info at bellanddavispllc.com>
> info at bellanddavispllc.com  or call 360.683.1129.
>
>
>
>
>
> From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com>
> On Behalf Of Lynn Clare
> Sent: Monday, July 21, 2025 12:47 PM
> To: WSBA Probate & Trust listserve <wsbapt at lists.wsbarppt.com>
> Subject: [WSBAPT] Professional Executors, Pierce County
>
>
>
> I have a friend who is a financial planner wondering if there are
> attorneys or trust companies that also provide professional executor
> services for large, complex estates. The PC is in Pierce County.
>
>
>
> Lynn Clare
>
> Clare Law Firm
>
> -------------- next part --------------
> An HTML attachment was scrubbed...
> URL: <
> http://mailman.fsr.com/pipermail/wsbapt/attachments/20250721/9b33cb4f/attachment-0001.html
> >
>
> ------------------------------
>
> Message: 4
> Date: Mon, 21 Jul 2025 13:46:47 -0700
> From: Amy Goertz <amyjgoertz at icloud.com>
> To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> Subject: [WSBAPT] Buying House with Inheritance
> Message-ID: <554C07AE-88A7-448F-8406-4BB2C49E4059 at icloud.com>
> Content-Type: text/plain; charset="utf-8"
>
> Good Afternoon -
>
> I have a recent client who just inherited a substantial amount of money
> and a house, which we titled as her sole and separate property. She is
> using this home as a rental (it was already a rental; she kept the tenants).
>
> She has the inherited money in a separate account from her community funds
> and she does not deposit community funds into the account.
>
> She is now in the middle of a divorce and has a local divorce attorney
> helping her. Her husband does not have a place to live and client is
> contemplating using some of her inheritance to purchase another rental home
> for her soon-to-be ex to live in, but wants to ensure that the property is
> and remains her separate property.
>
> Divorce attorney told her that she would have to have husband "sign off"
> on her purchase in order for it to be and remain her separate property. Is
> this accurate or ?best practice? advice?
>
> Aside from the terrible idea of renting to her soon-to-be ex husband,
> would she be able to use her separate funds to purchase this property on
> her own while she is still married or would it require a signature from the
> husband to ensure the continuity of the separate nature of the funds?
>
> Amy
>
> Amy J. Goertz, J.D.
> Goertz & Lambrecht PLLC
> amyjgoertz at icloud.com <mailto:amyjgoertz at icloud.com>
>
> 1.888.926.2607 phone
> 1.877.684.1627 fax
>
> Address for correspondence:
> 2829 S. Grand Blvd., Suite 303
> Spokane, WA 99203
>
> Additional office locations:
> 510 Bell Street
> Edmonds, WA 98020
>
> Goertz & Lambrecht PLLC
> www.goertzlambrecht.com <http://www.goertzlambrecht.com/>
>
>
>
>
>
>
>
> -------------- next part --------------
> An HTML attachment was scrubbed...
> URL: <
> http://mailman.fsr.com/pipermail/wsbapt/attachments/20250721/18883560/attachment-0001.html
> >
>
> ------------------------------
>
> Message: 5
> Date: Mon, 21 Jul 2025 20:55:30 +0000
> From: Marcus Fry <MFry at hawleytroxell.com>
> To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> Subject: Re: [WSBAPT] Buying House with Inheritance
> Message-ID:
>         <
> PH3PPF5761CFEE93D3259DB304E80237EA2CF5DA at PH3PPF5761CFEE9.NAMP221.PROD.OUTLOOK.COM
> >
>
> Content-Type: text/plain; charset="utf-8"
>
> Amy:
> My view she should be receiving direction from her divorce attorney rather
> than you.  If something goes south with the divorce and you handled setting
> this up, you could be left exposed.  You are free to contact the divorce
> attorney to give your $.02 that this shouldn?t be a problem from a tracing
> standpoint in the divorce and that as long as no financing is involved, she
> should be able to purchase the real property without much of an issue from
> any title company.   But you would caveat that with you?re the divorce
> attorney, I?m not and let the divorce attorney handle.  I should note if
> she is helping her ex out, I cannot see why he would not be agreeable to
> signing an acknowledgment (even through his divorce counsel) that this is
> her separate property.
>
> -Marcus
>
> From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com>
> On Behalf Of Amy Goertz
> Sent: Monday, July 21, 2025 1:47 PM
> To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> Subject: [WSBAPT] Buying House with Inheritance
>
> * NOTICE: EXTERNAL EMAIL *
> ________________________________
> Good Afternoon -
>
> I have a recent client who just inherited a substantial amount of money
> and a house, which we titled as her sole and separate property. She is
> using this home as a rental (it was already a rental; she kept the tenants).
>
> She has the inherited money in a separate account from her community funds
> and she does not deposit community funds into the account.
>
> She is now in the middle of a divorce and has a local divorce attorney
> helping her. Her husband does not have a place to live and client is
> contemplating using some of her inheritance to purchase another rental home
> for her soon-to-be ex to live in, but wants to ensure that the property is
> and remains her separate property.
>
> Divorce attorney told her that she would have to have husband "sign off"
> on her purchase in order for it to be and remain her separate property. Is
> this accurate or ?best practice? advice?
>
> Aside from the terrible idea of renting to her soon-to-be ex husband,
> would she be able to use her separate funds to purchase this property on
> her own while she is still married or would it require a signature from the
> husband to ensure the continuity of the separate nature of the funds?
>
> Amy
>
> Amy J. Goertz, J.D.
> Goertz & Lambrecht PLLC
> amyjgoertz at icloud.com<mailto:amyjgoertz at icloud.com>
>
> 1.888.926.2607 phone
> 1.877.684.1627 fax
> Address for correspondence:
> 2829 S. Grand Blvd., Suite 303
> Spokane, WA 99203
>
> Additional office locations:
> 510 Bell Street
> Edmonds, WA 98020
>
> Goertz & Lambrecht PLLC
> www.goertzlambrecht.com<http://www.goertzlambrecht.com/>
>
>
>
>
>
>
>
> -------------- next part --------------
> An HTML attachment was scrubbed...
> URL: <
> http://mailman.fsr.com/pipermail/wsbapt/attachments/20250721/c080d9c6/attachment-0001.html
> >
>
> ------------------------------
>
> Message: 6
> Date: Mon, 21 Jul 2025 21:49:32 +0000
> From: "Lewis, Amy C." <ALewis at Eisenhowerlaw.com>
> To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> Subject: Re: [WSBAPT] Professional Executors, Pierce County
> Message-ID:
>         <
> MW2PR18MB226550182C3A0AAC7B32D0D4D95DA at MW2PR18MB2265.namprd18.prod.outlook.com
> >
>
> Content-Type: text/plain; charset="utf-8"
>
> If it?s large and complex, you could try Columbia Trust Company (they kept
> the Columbia name when Umpqua bought the bank) or one of the banks.  Let me
> know if you would like a contact for Columbia Trust.
>
> For all it?s bad retail/branch reputation, Bank of America has good estate
> and trust services.  We also work with KeyBank a fair amount.  Northwest
> Trustee and Management Services is also an option.
>
>
> 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 Lynn Clare
> Sent: Monday, July 21, 2025 12:47 PM
> To: WSBA Probate & Trust listserve <wsbapt at lists.wsbarppt.com>
> Subject: [WSBAPT] Professional Executors, Pierce County
>
> I have a friend who is a financial planner wondering if there are
> attorneys or trust companies that also provide professional executor
> services for large, complex estates. The PC is in Pierce County.
>
> Lynn Clare
> Clare Law Firm
>
>  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/20250721/66a07072/attachment-0001.html
> >
> -------------- 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/20250721/66a07072/Logo_fa335a1d-9f24-4802-a3dd-b58f259e3c98-0001.png
> >
>
> ------------------------------
>
> Message: 7
> Date: Tue, 22 Jul 2025 17:40:17 +0000
> From: Nick Pleasants <npleasants at ohswlaw.com>
> To: "wsbapt at lists.wsbarppt.com" <wsbapt at lists.wsbarppt.com>
> Subject: Re: [WSBAPT] Need referral for New Jersey Guardianship
>         Attorney
> Message-ID:
>         <
> SN7PR18MB4063F70AA3240AF2EB59F6C4C15CA at SN7PR18MB4063.namprd18.prod.outlook.com
> >
>
> Content-Type: text/plain; charset="us-ascii"
>
> Hi Doris,
> I don't have a specific referral, but I always recommend checking out the
> NAELA Directory for elder law / guardianship attorneys. Someone with a CELA
> designation could definitely help with Medicaid planning.
> https://www.naela.org/FindALawyer
> 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 Doris <dorise2025 at gmail.com>
> Sent: Thursday, July 17, 2025 8:02 AM
> To: wsbapt at lists.wsbarppt.com <wsbapt at lists.wsbarppt.com>
> Subject: [WSBAPT] Need referral for New Jersey Guardianship Attorney
>
> A client's brother-in-law who resided in New Jersey suffered a heart
> attack and is now in a vegetative state.   The couple has a five-year-old
> daughter.  Unfortunately, most of the financial accounts are in the
> husband's name and the wife would like to consult a guardianship attorney.
>  Any referral is much appreciated.
>
> Doris Eslinger
> Eslinger Law Office
> 2200 112th Ave NE, Suite 200
> Bellevue, WA 98004
>
> 425-451-3237
> Doris at EslingerLawOffice.com
>
>
> -------------- next part --------------
> An HTML attachment was scrubbed...
> URL: <
> http://mailman.fsr.com/pipermail/wsbapt/attachments/20250722/bf4aaf0e/attachment-0001.html
> >
> -------------- 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/20250722/bf4aaf0e/Outlook-OseranHahn-0001.jpg
> >
>
> ------------------------------
>
> Message: 8
> Date: Tue, 22 Jul 2025 17:59:40 +0000
> From: Nick Pleasants <npleasants at ohswlaw.com>
> To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> Subject: Re: [WSBAPT] Lack of Probate Aff/Comm Prop agreement
> Message-ID:
>         <
> SN7PR18MB40638F944A295D7827A3D5EAC15CA at SN7PR18MB4063.namprd18.prod.outlook.com
> >
>
> Content-Type: text/plain; charset="utf-8"
>
> Ann,
> I would say "Necessary" is in the eye of the beholder, usually a title
> company (or if you are apply for a Senior discount on property tax, then
> the beholder is the County Treasurer/Assessor). We have some title officers
> on this list serv, maybe they will chime in on proper vesting to the
> surviving spouse when there is a CPA. But in my experience, recording the
> CPA and Death Cert is sufficient for title to vest to the surviving spouse.
> If surviving spouse goes to sell, maybe title requests an affidavit that
> the CPA was valid at death, but I have never seen that. Often it is the
> kids who go to sell after both Mom and Dad have passed, and unless it is a
> blended family, it seems noncontroversial to let the kids/executor/trustee
> sell it. Also a little different if title was only in the deceased spouse's
> name, but if they bought as husband and wife, given we are a community
> property state, it is following the intestate scheme, so title would be
> less concerned.
> Title Insurance underwriting is a risk calculation, so I highly encourage
> building a relationship with a title company/officer where you feel
> comfortable to call and ask them these questions.
> Another idea to literally "insure" that the house is in the Trust is to
> request an owner's endorsement on the existing policy in the name of the
> trust. It might cost you $1,000 or so for endorsement, but that will
> definitely smooth the way for the trustee to sell the house in the future.
> You just need to find who issued the title policy when the client bought
> the house. That is often stamped on the Statutory Warranty Deed.
> 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 Ann Manley <ann at manleyfirm.com>
> Sent: Friday, July 18, 2025 9:45 AM
> To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> Subject: Re: [WSBAPT] Lack of Probate Aff/Comm Prop agreement
>
> Nick - at this point is an affidavit necessary saying the Comm Prop
> agreement has not been rescinded?
>
> Ann Manley, Esq.
> The Manley Law Firm, P.S., Inc.
> PO Box 16324
> Seattle, WA 98116
> (206)292-3064 / (206)292-3914 fax
> www.manleyfirm.com<
> https://linkprotect.cudasvc.com/url?a=http%3a%2f%2fwww.manleyfirm.com&c=E,1,nZC9NNgqy8A1-0aCfu0fN0h1Ew4kN97pPlsQkWDBeQeQIysf5E_zUy2hiFwaoEcTEFcIK8dx7GvpS141v9ZPT4hqHBzHJpz-0qUqX3mFGg,,&typo=1
> >
>
> The Manley Law Firm practice areas include Bankruptcy*, Estate Planning,
> Auto Accidents, Civil Litigation, Construction, Commercial and Contract
> Law, Personal injury, Small Business, Unemployment Claims, Wage Loss and
> Compensation claims
>
> * The Manley Law Firm is a Debt Relief Agency. We help people file for
> bankruptcy relief under the Bankruptcy Code.
>
> This email and any files transmitted with it are privileged, confidential,
> and intended solely to whom they are addressed. Any unauthorized use,
> copying, review or disclosure is prohibited. If you have received this
> communication in error, please immediately notify the sender.
>
>
> On Thu, Jun 26, 2025 at 11:48?AM Nick Pleasants <npleasants at ohswlaw.com
> <mailto:npleasants at ohswlaw.com>> wrote:
> I would record the CPA and a redacted Death Certificate. No need for a
> LOPA. If surviving spouse goes to sell, he can do one privately with the
> Title Company. No need to record a public LOPA if there is a Community
> Property Agreement.
> 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 Ann Manley <
> ann at manleyfirm.com<mailto:ann at manleyfirm.com>>
> Sent: Monday, June 23, 2025 5:06 PM
> To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:
> wsbapt at lists.wsbarppt.com>>
> Subject: [WSBAPT] Lack of Probate Aff/Comm Prop agreement
>
> Decedent had a will that left all assets to her husband. They also signed
> a CP agreement. I am preparing a LOPA for husband to sign. Should I record
> the CP agreement as well?
>
> Ann Manley, Esq.
> The Manley Law Firm, P.S., Inc.
> PO Box 16324
> Seattle, WA 98116
> (206)292-3064 / (206)292-3914 fax
> www.manleyfirm.com<
> https://linkprotect.cudasvc.com/url?a=http%3a%2f%2fwww.manleyfirm.com&c=E,1,2SUyIp7_Rs1mIZ42lCKrfI1XK8tpEeGt8zk-U90BaEnh1QDHcD0yZ6QXUWxL2huo5mgyC6sx7sr6oKH1CftoVwYZ8oWcnX2sDSDO7mfLVW77ktubVnqb&typo=1
> >
>
> The Manley Law Firm practice areas include Bankruptcy*, Estate Planning,
> Auto Accidents, Civil Litigation, Construction, Commercial and Contract
> Law, Personal injury, Small Business, Unemployment Claims, Wage Loss and
> Compensation claims
>
> * The Manley Law Firm is a Debt Relief Agency. We help people file for
> bankruptcy relief under the Bankruptcy Code.
>
> This email and any files transmitted with it are privileged, confidential,
> and intended solely to whom they are addressed. Any unauthorized use,
> copying, review or disclosure is prohibited. If you have received this
> communication in error, please immediately notify the sender.
>
> ***Disclaimer: Please note that RPPT listserv participation is not
> restricted to practicing attorneys and may include non-practicing
> attorneys, law students, professionals working in related fields, and
> others.***
> _______________________________________________
> WSBAPT mailing list
> WSBAPT at lists.wsbarppt.com<mailto:WSBAPT at lists.wsbarppt.com>
> http://mailman.fsr.com/mailman/listinfo/wsbapt<
> https://linkprotect.cudasvc.com/url?a=http%3a%2f%2fmailman.fsr.com%2fmailman%2flistinfo%2fwsbapt&c=E,1,T4L7PyLWB9q9PnAw_TNsfnq-ri5o4kHtr2v-JN3VXkSFsxn1kyKprj7ib7nB4hwQKnSVCSZ_Eu6aUolsh5Yri854EmV9yVvtkMhXXMWts4iW2Q,,&typo=1
> >
> -------------- next part --------------
> An HTML attachment was scrubbed...
> URL: <
> http://mailman.fsr.com/pipermail/wsbapt/attachments/20250722/a28f51d4/attachment-0001.html
> >
> -------------- next part --------------
> A non-text attachment was scrubbed...
> Name: Outlook-OseranHahn
> Type: image/jpeg
> Size: 10176 bytes
> Desc: Outlook-OseranHahn
> URL: <
> http://mailman.fsr.com/pipermail/wsbapt/attachments/20250722/a28f51d4/Outlook-OseranHahn-0001.jpe
> >
> -------------- 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/20250722/a28f51d4/Outlook-OseranHahn-0001.jpg
> >
>
> ------------------------------
>
> ***Disclaimer: Please note that RPPT listserv participation is not
> restricted to practicing attorneys and may include non-practicing
> attorneys, law students, professionals working in related fields, and
> others.***
> _______________________________________________
> WSBAPT mailing list
> WSBAPT at lists.wsbarppt.com
> http://mailman.fsr.com/mailman/listinfo/wsbapt
>
> End of WSBAPT Digest, Vol 130, Issue 17
> ***************************************
>


-- 
Felt Law
Amy Felt - Attorney
9840 Willows Road NE Suite #200
Redmond, WA 98052
425-780-6103
(within law offices of Wong Fleming Attorneys)

Felt Law Spokane Location
(next to Music City & within Fannin Litigation Group)
1312 N. Monroe St., Ste.132
Spokane, WA 99201



Before proceeding, please note: If you are not a current client of Felt
Law, please do not include any information in this e-mail that you or
someone else considers to be of a confidential or secret nature. Felt Law has
no duty to keep confidential any of the information you provide. Neither
the transmission nor receipt of your information is considered a request
for legal advice, securing legal services or retaining a lawyer. An
attorney-client relationship with Felt Law or any lawyer at Felt Law is not
established until and unless Felt Law agrees to such a relationship as
reflected in a separate writing.

THIS ELECTRONIC MAIL TRANSMISSION AND ANY ATTACHMENTS MAY CONTAIN
PRIVILEGED, CONFIDENTIAL, OR PROPRIETARY INFORMATION INTENDED ONLY FOR THE
PERSON(S) NAMED. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED
RECIPIENT OR THE AUTHORIZED REPRESENTATIVE OF THE INTENDED RECIPIENT, YOU
ARE HEREBY NOTIFIED THAT ANY DISTRIBUTION, COPYING, OR DISCLOSURE OF THIS
COMMUNICATION IS STRICTLY PROHIBITED.
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20250722/1960a05a/attachment.html>


More information about the WSBAPT mailing list