[WSBARP] WSBARP Digest, Vol 71, Issue 16
Lisa Chiang
feesimple7 at gmail.com
Mon Aug 17 10:00:18 PDT 2020
Silly REETA question re WAC 458-61-202:
Everyone here understands that there are exemptions to REET when it's an
inheritance or devise. I've also had the situation where beneficiaries are
getting non pro rata distribution, so one sibling gets the house instead of
all of them.
Can anyone provide guidance on when the PR sells the real property to a
third party, i.e. an arms length buyer? Escrow agent says they will not
close and that this WAC does NOT apply and excise tax is due per the title
officer. And that there will be a lien on title if we do it this way
(using the WAC).
TIA,
Lisa 206.569.8838
On Sat, Aug 15, 2020 at 12:10 PM <wsbarp-request at lists.wsbarppt.com> wrote:
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> Today's Topics:
>
> 1. County Assessor Fails to Pick Up Recording (Jeff Davis)
> 2. Re: County Assessor Fails to Pick Up Recording (Robert Condie)
> 3. Re: County Assessor Fails to Pick Up Recording (Jeff Davis)
> 4. Off-topic - referral for plt employment (Teague Pasco)
> 5. Re: County Assessor Fails to Pick Up Recording (Kary Krismer)
>
>
> ----------------------------------------------------------------------
>
> Message: 1
> Date: Fri, 14 Aug 2020 14:17:19 -0700
> From: "Jeff Davis" <jeff at bellanddavispllc.com>
> To: "'WSBA Real Property Listserv'" <wsbarp at lists.wsbarppt.com>
> Cc: mindy at bellanddavispllc.com
> Subject: [WSBARP] County Assessor Fails to Pick Up Recording
> Message-ID: <000f01d67280$4b91b930$e2b52b90$@bellanddavispllc.com>
> Content-Type: text/plain; charset="us-ascii"
>
> Listmates,
>
>
>
> Last year we recorded a death certificate to transfer title to the
> surviving
> joint tenants. The coversheet contained the Decedent as Grantor, the
> surviving Joint Tenants as Grantees, properly referenced the deed creating
> the joint tenancy with right of survivorship and the tax parcel ID. County
> assessor has not picked up the recording with the decedent's name still on
> title. Have any of you had this happen in the past. Do I just write the
> assessor and provide them a copy of the recorded death certificate?
>
>
>
> Jeff Davis
>
>
>
> W. Jeff Davis, Esq.
>
> BELL & DAVIS PLLC
> P.O. Box 510
> Sequim WA 98382
> Phone No.:(360) 683.1129
> Fax No.: (360) 683.1258
> email: <mailto:info at bellanddavispllc.com> info 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
>
>
>
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> ------------------------------
>
> Message: 2
> Date: Fri, 14 Aug 2020 15:17:48 -0700
> From: Robert Condie <rgcondie at mac.com>
> To: jeff at bellanddavispllc.com, Real Property List
> <wsbarp at lists.wsbarppt.com>
> Cc: mindy at bellanddavispllc.com
> Subject: Re: [WSBARP] County Assessor Fails to Pick Up Recording
> Message-ID: <7468C8C4-45D9-4BF4-BA04-C8AF9F6F041C at mac.com>
> Content-Type: text/plain; charset="utf-8"
>
> If you didn?t submit a Real Estate Excise Tax Affidavit in the
> transaction, it is likely the Assessor is unaware that anything has
> changed. You could contact the Assessor directly and give notice of the
> decedent?s passing.
>
> Thank you for allowing me to be of service. Please contact me if you have
> any questions or if I may be of further assistance.
>
> With kind regards,
>
> Robert G. Condie
> Condie & Adams, PLLC
>
> Office Address:
> 611 4th Avenue, Suite A
> Kirkland, WA 98033-6019
>
> Mailing Address:
> 13617 117th Avenue NE
> Kirkland, WA 98034-2161
>
> eMail: rgcondie at mac.com
>
> Direct: (425) 823-1040
> Mobile: (425) 823-1041
> Fax: (425) 823-1042
>
> NOTICE: This email message is for the sole use of the intended
> recipient(s) and may contain confidential and privileged information. Any
> unauthorized review, use, disclosure or distribution is prohibited. If you
> are not the intended recipient, please contact the sender by reply email
> and destroy all copies of the original message.
>
> > On Aug 14, 2020, at 14:17, Jeff Davis <jeff at bellanddavispllc.com> wrote:
> >
> > Listmates,
> >
> > Last year we recorded a death certificate to transfer title to the
> surviving joint tenants. The coversheet contained the Decedent as Grantor,
> the surviving Joint Tenants as Grantees, properly referenced the deed
> creating the joint tenancy with right of survivorship and the tax parcel
> ID. County assessor has not picked up the recording with the decedent?s
> name still on title. Have any of you had this happen in the past. Do I
> just write the assessor and provide them a copy of the recorded death
> certificate?
> >
> > Jeff Davis
> >
> > W. Jeff Davis, Esq.
> > BELL & DAVIS PLLC
> > P.O. Box 510
> > Sequim WA 98382
> > Phone No.:(360) 683.1129
> > Fax No.: (360) 683.1258
> > email: info at bellanddavispllc.com <mailto:info at bellanddavispllc.com>
> > www.bellanddavispllc.com <http://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 info at bellanddavispllc.com <mailto:
> info at bellanddavispllc.com> or call 360.683.1129
> >
> > ***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.***
> >
> > _______________________________________________
> > WSBARP mailing list
> > WSBARP at lists.wsbarppt.com <mailto:WSBARP at lists.wsbarppt.com>
> > http://mailman.fsr.com/mailman/listinfo/wsbarp <
> http://mailman.fsr.com/mailman/listinfo/wsbarp>
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> ------------------------------
>
> Message: 3
> Date: Fri, 14 Aug 2020 15:39:01 -0700
> From: "Jeff Davis" <jeff at bellanddavispllc.com>
> To: "'Robert Condie'" <rgcondie at mac.com>, "'Real Property List'"
> <wsbarp at lists.wsbarppt.com>
> Cc: mindy at bellanddavispllc.com
> Subject: Re: [WSBARP] County Assessor Fails to Pick Up Recording
> Message-ID: <002901d6728b$b59882e0$20c988a0$@bellanddavispllc.com>
> Content-Type: text/plain; charset="utf-8"
>
> Thank you for all your responses. I did call the assessor and yes they
> did not pick it up because no excise tax affidavit was filed; but she did
> not say one was require but that they rely on the affidavits. She also
> said you could record a document and just call them up with the reference
> number, which means you could also notify them by mail.
>
>
>
> Here in Clallam County we never file excise tax affidavits for recording
> this type and other non-deed documents. Our Assessor receives copies of
> all recorded documents.
>
>
>
> Needless to say, the problem is solved, thank heavens its Friday.
>
>
>
> Jeff
>
>
>
> From: Robert Condie <rgcondie at mac.com>
> Sent: Friday, August 14, 2020 3:18 PM
> To: jeff at bellanddavispllc.com; Real Property List <
> wsbarp at lists.wsbarppt.com>
> Cc: mindy at bellanddavispllc.com
> Subject: Re: [WSBARP] County Assessor Fails to Pick Up Recording
>
>
>
> If you didn?t submit a Real Estate Excise Tax Affidavit in the
> transaction, it is likely the Assessor is unaware that anything has
> changed. You could contact the Assessor directly and give notice of the
> decedent?s passing.
>
>
>
> Thank you for allowing me to be of service. Please contact me if you have
> any questions or if I may be of further assistance.
>
>
> With kind regards,
>
> Robert G. Condie
> Condie & Adams, PLLC
>
> Office Address:
>
> 611 4th Avenue, Suite A
>
> Kirkland, WA 98033-6019
>
>
>
> Mailing Address:
> 13617 117th Avenue NE
> Kirkland, WA 98034-2161
>
> eMail: rgcondie at mac.com <mailto:rgcondie at mac.com>
>
> Direct: (425) 823-1040
> Mobile: (425) 823-1041
>
> Fax: (425) 823-1042
>
> NOTICE: This email message is for the sole use of the intended
> recipient(s) and may contain confidential and privileged information. Any
> unauthorized review, use, disclosure or distribution is prohibited. If you
> are not the intended recipient, please contact the sender by reply email
> and destroy all copies of the original message.
>
>
>
>
>
> On Aug 14, 2020, at 14:17, Jeff Davis <jeff at bellanddavispllc.com <mailto:
> jeff at bellanddavispllc.com> > wrote:
>
>
>
> Listmates,
>
>
>
> Last year we recorded a death certificate to transfer title to the
> surviving joint tenants. The coversheet contained the Decedent as Grantor,
> the surviving Joint Tenants as Grantees, properly referenced the deed
> creating the joint tenancy with right of survivorship and the tax parcel
> ID. County assessor has not picked up the recording with the decedent?s
> name still on title. Have any of you had this happen in the past. Do I
> just write the assessor and provide them a copy of the recorded death
> certificate?
>
>
>
> Jeff Davis
>
>
>
> W. Jeff Davis, Esq.
>
> BELL & DAVIS PLLC
> P.O. Box 510
> Sequim WA 98382
> Phone No.:(360) 683.1129
> Fax No.: (360) 683.1258
> email: info at bellanddavispllc.com <mailto:info at bellanddavispllc.com>
> www.bellanddavispllc.com <http://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 info at bellanddavispllc.com <mailto:
> info at bellanddavispllc.com> or call 360.683.1129
>
>
>
> ***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.***
>
> _______________________________________________
> WSBARP mailing list
> <mailto:WSBARP at lists.wsbarppt.com> WSBARP at lists.wsbarppt.com
> <http://mailman.fsr.com/mailman/listinfo/wsbarp>
> http://mailman.fsr.com/mailman/listinfo/wsbarp
>
>
>
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> ------------------------------
>
> Message: 4
> Date: Fri, 14 Aug 2020 20:58:52 -0700
> From: Teague Pasco <pasco at pasco-law.com>
> To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
> Subject: [WSBARP] Off-topic - referral for plt employment
> Message-ID:
> <
> CAA41B-wzMk+TbgzsaBJ-SA7aKx7r+2suVirZfDVEkEcVG3mYPQ at mail.gmail.com>
> Content-Type: text/plain; charset="utf-8"
>
> Hello listmates,
> I am looking for referrals for a friend of mine who needs to talk to a
> plaintiff's employment attorney, in Tacoma or south King. I did all my
> practicing in Kansas City, so would greatly appreciate local recs to steer
> my friend to the right counsel.
>
> Thanks in advance! I have really appreciated this listserve as a new to WA
> lawyer.
>
> Teague Pasco, J.D., LL.M. - taxation
> 1214 S. 68th St.
> Tacoma WA 98408
> pasco at pasco-law.com
> Cell: 360-643-3990
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> ------------------------------
>
> Message: 5
> Date: Sat, 15 Aug 2020 07:28:11 -0700
> From: Kary Krismer <Krismer at comcast.net>
> To: wsbarp at lists.wsbarppt.com
> Subject: Re: [WSBARP] County Assessor Fails to Pick Up Recording
> Message-ID: <8151e44b-06a2-69bb-8d83-30fbd37e927a at comcast.net>
> Content-Type: text/plain; charset="windows-1252"; Format="flowed"
>
> I see an answer has already been given (lack of excise tax affidavit),
> but my question would be how necessary was this to do at the current
> time, as opposed to later when you want to sell? We once had a client
> husband unexpectedly die during a listing and that didn't hold up the
> transaction at all.
>
> That listing actually lead to one of my favorite stories about real
> estate agents.? As you're all probably aware RE agents tend to be the
> type who want things done immediately, if not sooner. On this listing I
> had to convince the buyer's agent that her client's offer should expire
> the next day, because my client probably didn't want to consider it on
> the same day that her husband died.? It took some convincing, but the
> agent finally agreed.
>
> Kary L. Krismer
> 206 723-2148
>
> On 8/14/2020 2:17 PM, Jeff Davis wrote:
> >
> > Listmates,
> >
> > Last year we recorded a death certificate to transfer title to the
> > surviving joint tenants.? The coversheet contained the Decedent as
> > Grantor, the surviving Joint Tenants as Grantees, properly referenced
> > the deed creating the joint tenancy with right of survivorship and the
> > tax parcel ID.? County assessor has not picked up the recording with
> > the decedent?s name still on title.? Have any of you had this happen
> > in the past.? Do I just write the assessor and provide them a copy of
> > the recorded death certificate?
> >
> > Jeff Davis
> >
> > W. Jeff Davis, Esq.
> >
> > BELL & DAVIS PLLC
> > P.O. Box 510
> > Sequim WA 98382
> > Phone No.:(360) 683.1129
> > Fax No.: (360) 683.1258
> > email: info at bellanddavispllc.com <mailto:info at bellanddavispllc.com>
> > www.bellanddavispllc.com <http://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
> > info at bellanddavispllc.com <mailto:info at bellanddavispllc.com> or call
> > 360.683.1129
> >
> >
> > ***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.***
> >
> > _______________________________________________
> > WSBARP mailing list
> > WSBARP at lists.wsbarppt.com
> > http://mailman.fsr.com/mailman/listinfo/wsbarp
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> ------------------------------
>
> ***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.***
> _______________________________________________
> WSBARP mailing list
> WSBARP at lists.wsbarppt.com
> http://mailman.fsr.com/mailman/listinfo/wsbarp
>
> End of WSBARP Digest, Vol 71, Issue 16
> **************************************
>
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