[WSBAPT] Baffled by Transaction; Probate done but property not transferred
Brent Williams-Ruth
brent at williams-ruthlaw.com
Wed Aug 5 09:56:01 PDT 2026
The LOPA was done pro se.
Thank you to all who responded.
I strive to be as cost effective for my clients as possible and started to
think that the drafting and filing of the PR Deed was unnecessary billing
if you can just give your client a LOPA to file later on their own.
Glad to see a unified voice regarding what others are doing and that using
a transfer deed before probate is over is pretty much the industry
standard.
Brent
*Brent Williams-Ruth* (pronouns: he/him)
*Attorney-At-Law*
*Law Offices of Brent Williams-Ruth, **a division of BWR Consulting, PLLC*
*Physical Address: 500 S 336th Street, Suite 214; Federal Way, WA 98003*
*Mailing Address: **PO BOX 3319; Federal Way, WA 98063 *
Office/Scheduling Phone: (253) 285-7751
For All Meetings & Scheduling: info at williams-ruthlaw.com
e-mail <Brent at Williams-RuthLaw.com> / website
<http://www.williams-ruthlaw.com/> / facebook
<http://www.facebook.com/bwrlaw> /
On Tue, Aug 4, 2026 at 2:06 PM Inge Fordham <inge at fordhamlegal.com> wrote:
> I’ve seen this once before. LOPA was recorded (representing that the
> decedent’s estate wasn’t probated) to avoid re-opening the probate to
> transfer the real property that was not (but should have been) transferred
> before the probate was closed. Were it me, I would have advised the client
> that probate needed to be reopened to transfer the property (via PR Deed as
> you mentioned) and then closed once more. Was the LOPA recorded with
> assistance of counsel? Or did SS do that pro se? Can you tell from the
> recorded LOPA?
>
>
> [image:
> uc%3fexport=download&id=1W3rEcChy0_E0cCfV5up02mkhwnL6eWIs&revid=0B4P5JoIHdbFaR29EbHlRWHFseFV5STZpSUVGeUNPWldkVDFVPQ]
> *Inge A. Fordham | Attorney*
> Fordham Law, PLLC
> 3218 Sixth Avenue | Tacoma, WA 98406
> Office: (253) 348-2657 | Fax: (253) 276-0280
> *www.fordhamlegal.com* <http://www.fordhamlegal.com>
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> *From: *wsbapt-bounces at lists.wsbarppt.com <
> wsbapt-bounces at lists.wsbarppt.com> on behalf of Brent Williams-Ruth <
> brent at williams-ruthlaw.com>
> *Date: *Tuesday, August 4, 2026 at 1:50 PM
> *To: *WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> *Subject: *Re: [WSBAPT] Baffled by Transaction; Probate done but property
> not transferred
>
> It was not. Attorney was involved, now retired.
>
> *Brent Williams-Ruth* (pronouns: he/him)
> *Attorney-At-Law*
>
> *Law Offices of Brent Williams-Ruth, **a division of BWR Consulting, PLLC*
>
> *Physical Address: 500 S 336th Street, Suite 214; Federal Way, WA 98003*
>
> *Mailing Address:** PO BOX 3319; Federal Way, WA 98063 *
>
> Office/Scheduling Phone: (253) 285-7751
>
> For All Meetings & Scheduling: info at williams-ruthlaw.com
>
> e-mail <Brent at Williams-RuthLaw.com> / website
> <http://www.williams-ruthlaw.com/> / facebook
> <http://www.facebook.com/bwrlaw> /
>
>
> On Tue, Aug 4, 2026 at 1:37 PM Diane Kiepe <diane at kiepelaw.com> wrote:
>
> Brent,
>
> I wonder if it was a pro se probate. I always do a deed (as you noted you
> do). I have to believe it was an oversight and someone somehow thought the
> declaration was a transfer device.
>
> Also, just go my first Intestacy case. I am in tier (b).
>
>
>
> Diane Kiepe
> Kiepe Estate and Probate, PLLC
> diane at kiepelaw.com
> 200 N. Mullan Rd., Suite 203
> Spokane Valley, WA 99206
> 509-808-2087
> Confidentiality Notice: This page and any accompanying documents contain
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>
> On Tue, Aug 4, 2026 at 1:22 PM Brent Williams-Ruth <
> brent at williams-ruthlaw.com> wrote:
>
> Listmates -
>
> I am truly baffled by a matter (historical) and I am curious if this was
> just the "old way of doing it".
>
> Decedent died intestate in 2015. Surviving spouse opens probate, is
> appointed. Files declaration of completion nearly 1 year later and in the
> declaration it states that surviving spouse was beneficiary of all, no
> separate property.
>
> LOPA was filed in 2018 declaring that no probate was done and transfering
> house to surviving spouse.
>
> WHAT I NORMALLY DO in that situation is that before I close probate, I
> have the Executor/Surviving Spouse transfer through a Deed of PR the
> decedent's share.
>
> I'm only curious because now that the SS has died and I am helping get the
> property to the next of kin, I had my favorite title company pull the
> property report and last vesting deed and it was still the deed from 1996
> when H&W bought the house.
>
> Wasted a bunch of time tracking down to see who is actually the owner
> because the title company didn't pull the LOPA as part of the general
> process in helping me identify the nature and ownership of the property.
>
> Just looking for a little validation as a solo attorney ensuring that I am
> doing things in lines with industry standard.
>
> Thanks!
> Brent
>
> *Brent Williams-Ruth* (pronouns: he/him)
> *Attorney-At-Law*
>
> *Law Offices of Brent Williams-Ruth, **a division of BWR Consulting, PLLC*
>
> *Physical Address: 500 S 336th Street, Suite 214; Federal Way, WA 98003*
>
> *Mailing Address:** PO BOX 3319; Federal Way, WA 98063 *
>
> Office/Scheduling Phone: (253) 285-7751
>
> For All Meetings & Scheduling: info at williams-ruthlaw.com
>
> e-mail <Brent at Williams-RuthLaw.com> / website
> <http://www.williams-ruthlaw.com/> / facebook
> <http://www.facebook.com/bwrlaw> /
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