[WSBARP] How to Request Information from Title Company?

Rod Harmon rodharmon at msn.com
Thu Nov 2 18:33:56 PDT 2017


The title company is probably worried about a claim.
If the property was sold for fair market value, and the net sale proceeds split 4 ways among the three surviving children and the estate of the deceased child, I don’t see why anyone should care about the details of the sale.

Rod Harmon

RODNEY T. HARMON
       Attorney at Law
         P.O. Box 1066
      Bothell, WA   98041
     Tel:   (425) 402-7800
     Fax:  (425) 458-9096
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   rodharmon at msn.com<mailto:rodharmon at msn.com>




From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Ms. Roberta Armstrong
Sent: Thursday, November 2, 2017 9:35 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>; WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBARP] How to Request Information from Title Company?

Hello Listserve, your guidance is much appreciated... Here's what I know:

•         H and W names on deed for their home

•         H dies first, his will gives everything to W, no probate

•         1996 W dies, her will is filed in court, $20 fee paid, case number assigned

•         W's will gives home to their 4 children equally (C1, C2, C3 and C4)

•         1997 Two of the children (C2 and C3) attempt to quit claim home to themselves. An excise tax affidavit was completed with W as Grantor and C2 and C3 as Grantee.

•         2005 C2 dies

•         2006 C1 coverts will only case to estate, gets letters of testamentary (assuming with non-intervention powers)

•         January 2017, C1 completes a lack of probate for C2 indicating his heirs are his surviving wife and two children (one child is a minor)

•         February 2017, C1 as personal representative of W’s estate sells home

•         May 2017, C2 surviving wife opens his probate and of course C1 is filing claims in C2’s probate for C2 living at W’s home while he worked on getting it ready for sell.

•         C3 and C4 are estranged from C1.

It seems to me, C1 as personal representative of W’s estate has the authority to properly sell the home as an asset of the estate (even though the quit claim deed and lack of probate for C2 were unnecessary).

However, something just isn’t sitting well with C2’s surviving wife, primarily because the title company’s manager was not willing to provide her any information even though she identified herself as PR for C2’s estate. Further, she would like to have all the information provided to the title company by C1, like the Statement of Identity for C2, herself, and their children that was completed by C1. But she was told by the manager that she needs to get an attorney to request information from the title company…?

Is there something here that I am missing? Why would the title company require her to have an attorney to request such information, specifically when the information is about her, her deceased husband and their two children?

--
Creator of the first on-line Indian Will Production System - CHECK OUT www.NativeWill.org<https://nam02.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.nativewill.org%2F&data=02%7C01%7Ctalk2much84%40msn.com%7Cf0691cf35e024c54beeb08d522118fbc%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C636452381171952331&sdata=0DxmXecoBJpDuMCQ0qwBpdVq%2FMr%2FTTAVKiLlkOjiIks%3D&reserved=0>

Ms. Roberta Armstrong

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