[WSBARP] WSBARP Digest, Vol 107, Issue 28
Stephen Whitehouse
swhite8893 at aol.com
Wed Aug 30 08:40:22 PDT 2023
Paul, I would think, just as with a trustee, that the client is the guardian, and the masthead is "John Doe, as guardian for Jane Doe"..
Steve
Stephen WhitehouseWhitehouse & Nichols, LLPP.O. Box 1273601 W. Railroad Ave. Shelton, Wa. 98584360-426-5885swhite8893 at aol.com
On Wednesday, August 30, 2023 at 08:31:19 AM PDT, wsbarp-request at lists.wsbarppt.com <wsbarp-request at lists.wsbarppt.com> wrote:
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Today's Topics:
1. Re: Litigator Help (Paul Neumiller)
2. Copy of Power of Attorney need to go with Controlling
Interest Transfer REET form? (jgrant at accima.com)
3. Re: Copy of Power of Attorney need to go with Controlling
Interest Transfer REET form? (Jane Bitz)
4. Re: Copy of Power of Attorney need to go with Controlling
Interest Transfer REET form? (Joshua Grant)
5. Procedure Advice (Lynn Clare)
6. Re: Procedure Advice (Jan Kelly)
7. Re: Procedure Advice (Lynn Clare)
8. Re: Procedure Advice (Jennifer L White)
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Message: 1
Date: Tue, 29 Aug 2023 21:11:30 +0000
From: Paul Neumiller <pneumiller at hotmail.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Litigator Help
Message-ID:
<MW3PR13MB3980E5E71AA81A692C76AC2CD2E7A at MW3PR13MB3980.namprd13.prod.outlook.com>
Content-Type: text/plain; charset="us-ascii"
Anyone have any input?
[cid:image001.jpg at 01D9DA82.B2D30DC0]
From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Paul Neumiller
Sent: Monday, August 28, 2023 1:58 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Litigator Help
I have been asked to bring a UD/ejectment action by a court appointed certified guardian/conservator for the owner of the house. Long story but need to eject the son from residence who stole from and abused his mother. Multiple ongoing APS investigations. 1) What does the masthead look like? I assume it says the owner of the house but is signed by the guardian (as I have done in the past for property managers). 2) Who is my client? The owner of the house or the guardian?
[cid:image001.jpg at 01D9DA82.B2D30DC0]
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Message: 2
Date: Tue, 29 Aug 2023 14:49:45 -0700
From: <jgrant at accima.com>
To: <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Copy of Power of Attorney need to go with
Controlling Interest Transfer REET form?
Message-ID: <01b601d9dac2$bb800460$32800d20$@accima.com>
Content-Type: text/plain; charset="us-ascii"
I am sending in a REET affid. Where 66% (33% from Dad & 33% from mom) of an
LLC Is being gifted to a son on over $1,000,000 of farm land. Mom's
Attorney in Fact, who is her husband is signing for Mom. Does anyone think
I need to send in a copy of the P of A?
Thanks
Josh
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Message: 3
Date: Tue, 29 Aug 2023 22:05:55 +0000
From: Jane Bitz <jbitz at whc-attorneys.com>
To: "wsbarp at lists.wsbarppt.com" <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Copy of Power of Attorney need to go with
Controlling Interest Transfer REET form?
Message-ID:
<PH0PR20MB449669666F860D705E7DFD28F6E7A at PH0PR20MB4496.namprd20.prod.outlook.com>
Content-Type: text/plain; charset="us-ascii"
Josh:
If in Spokane County, yes, but you may want to check with your Auditor's office, if another county.
Jane.
Jane G. Bitz
Of Counsel
Wolff, Hislop & Crockett, PLLC
12209 E. Mission Ave, Suite 5
Spokane Valley, WA 99206-4824
(509) 927-9700 x126
FAX: (509) 777-1800
THE CONTENTS OF THIS ELECTRONIC MAIL ARE CONFIDENTIAL AND PROTECTED BY THE ATTORNEY-CLIENT PRIVILEGE OR OTHER APPLICABLE PROTECTION. Any review, use, distribution or disclosure by others is strictly prohibited. If you have received this electronic mail in error, PLEASE NOTIFY ME BY E-MAIL, FAX OR TELEPHONE and PROMPTLY DELETE this electronic mail. This mail cannot be modified without express written consent of Wolff, Hislop & Crockett, PLLC. Thank You.
From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of jgrant at accima.com
Sent: Tuesday, August 29, 2023 2:50 PM
To: wsbarp at lists.wsbarppt.com
Subject: [WSBARP] Copy of Power of Attorney need to go with Controlling Interest Transfer REET form?
I am sending in a REET affid. Where 66% (33% from Dad & 33% from mom) of an LLC Is being gifted to a son on over $1,000,000 of farm land. Mom's Attorney in Fact, who is her husband is signing for Mom. Does anyone think I need to send in a copy of the P of A?
Thanks
Josh
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Message: 4
Date: Tue, 29 Aug 2023 22:45:59 +0000
From: Joshua Grant <jgrant at advocateslg.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Copy of Power of Attorney need to go with
Controlling Interest Transfer REET form?
Message-ID:
<MW3PR17MB42017C1DC290F57E04BF4E68C6E7A at MW3PR17MB4201.namprd17.prod.outlook.com>
Content-Type: text/plain; charset="us-ascii"
Thanks Jane. These controlling interest Affidavits go to Olympia.
Joshua F. Grant
[cid:image001.png at 01D9DA8F.E7ECE1E0]
P. O. Box 619
Wilbur, WA 99185
509 647 5578
jgrant at advocateslg.com
From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Jane Bitz
Sent: Tuesday, August 29, 2023 3:06 PM
To: wsbarp at lists.wsbarppt.com
Subject: Re: [WSBARP] Copy of Power of Attorney need to go with Controlling Interest Transfer REET form?
Josh:
If in Spokane County, yes, but you may want to check with your Auditor's office, if another county.
Jane.
Jane G. Bitz
Of Counsel
Wolff, Hislop & Crockett, PLLC
12209 E. Mission Ave, Suite 5
Spokane Valley, WA 99206-4824
(509) 927-9700 x126
FAX: (509) 777-1800
THE CONTENTS OF THIS ELECTRONIC MAIL ARE CONFIDENTIAL AND PROTECTED BY THE ATTORNEY-CLIENT PRIVILEGE OR OTHER APPLICABLE PROTECTION. Any review, use, distribution or disclosure by others is strictly prohibited. If you have received this electronic mail in error, PLEASE NOTIFY ME BY E-MAIL, FAX OR TELEPHONE and PROMPTLY DELETE this electronic mail. This mail cannot be modified without express written consent of Wolff, Hislop & Crockett, PLLC. Thank You.
From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com>> On Behalf Of jgrant at accima.com<mailto:jgrant at accima.com>
Sent: Tuesday, August 29, 2023 2:50 PM
To: wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Copy of Power of Attorney need to go with Controlling Interest Transfer REET form?
I am sending in a REET affid. Where 66% (33% from Dad & 33% from mom) of an LLC Is being gifted to a son on over $1,000,000 of farm land. Mom's Attorney in Fact, who is her husband is signing for Mom. Does anyone think I need to send in a copy of the P of A?
Thanks
Josh
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Message: 5
Date: Wed, 30 Aug 2023 07:41:05 -0700
From: Lynn Clare <lynnclare at clarelawfirm.com>
To: WSBA Real Property listserve <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Procedure Advice
Message-ID:
<CAEW-UCrSJTOwMNnXthmamQ0AC1Ei1pp8V16MXMT5gAjF0diarQ at mail.gmail.com>
Content-Type: text/plain; charset="utf-8"
All,
I run into the simplest problems that tie me in knots:
Lovely Client and Spouse executed and recorded a community property
agreement in the 70's. Spouse recently passed away.
Is recording the death certificate enough to provide notice that the LC is
now the sole owner of the real estate, or should there be some kind of deed
and REETA with the death certificate/community property agreement attached?
If the latter, what kind of deed?
Lynn Clare
Clare Law Firm
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Message: 6
Date: Wed, 30 Aug 2023 08:06:29 -0700
From: Jan Kelly <jan at jankellylaw.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Procedure Advice
Message-ID:
<CAATkJAxNz=JiZqd4BjXXwjaoQa5ZTO8vRuupSoGSMtcX=kz29A at mail.gmail.com>
Content-Type: text/plain; charset="utf-8"
HI Lynn,
Record the certified death certificate (both sides) and on the cover page,
reference the recording number of the community property agreement. Be sure
to redact the mother's maiden name, date of birth and social security
number.
Jan
On Wed, Aug 30, 2023 at 7:46?AM Lynn Clare <lynnclare at clarelawfirm.com>
wrote:
> All,
>
> I run into the simplest problems that tie me in knots:
>
> Lovely Client and Spouse executed and recorded a community property
> agreement in the 70's. Spouse recently passed away.
>
> Is recording the death certificate enough to provide notice that the LC is
> now the sole owner of the real estate, or should there be some kind of deed
> and REETA with the death certificate/community property agreement attached?
>
> If the latter, what kind of deed?
>
> Lynn Clare
> Clare Law Firm
> ***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
--
*Jan Kelly, JD/MBA*Attorney at Law
JK Law
PO Box 1964
Poulsbo, WA 98370
Direct Line (702) 338-6733
*Licensed in Nevada and Washington*.
THIS EMAIL MESSAGE AND ANY ATTACHMENTS ARE CONFIDENTIAL AND INTENDED ONLY
FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHICH IT IS ADDRESSED AND MAY
CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND EXEMPT FROM
DISCLOSURE UNDER APPLICABLE LAW. Any unauthorized review, use, copying,
disclosure or distribution of any information contained in or attached to
this communication is STRICTLY PROHIBITED. If you have received this
communication in error, or are not the named recipient, please immediately
notify the sender by email by "reply to sender only" and delete this
message and any attached documents from your computer. Receipt by anyone
other than the intended recipient(s) is not a waiver of confidentiality
and/or any legal privilege. Thank you.
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Message: 7
Date: Wed, 30 Aug 2023 08:23:40 -0700
From: Lynn Clare <lynnclare at clarelawfirm.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Procedure Advice
Message-ID:
<CAEW-UCoJO1eSq61u14QHeidpxr5BH_CAfFLiE1iq_1akXtwd_w at mail.gmail.com>
Content-Type: text/plain; charset="utf-8"
Redact information on the original death certificate? I can see why
(sensitive personal information), but thecounty will accept an altered
original document?
On Wed, Aug 30, 2023 at 8:09?AM Jan Kelly <jan at jankellylaw.com> wrote:
> HI Lynn,
>
> Record the certified death certificate (both sides) and on the cover page,
> reference the recording number of the community property agreement. Be sure
> to redact the mother's maiden name, date of birth and social security
> number.
>
> Jan
>
> On Wed, Aug 30, 2023 at 7:46?AM Lynn Clare <lynnclare at clarelawfirm.com>
> wrote:
>
>> All,
>>
>> I run into the simplest problems that tie me in knots:
>>
>> Lovely Client and Spouse executed and recorded a community property
>> agreement in the 70's. Spouse recently passed away.
>>
>> Is recording the death certificate enough to provide notice that the LC
>> is now the sole owner of the real estate, or should there be some kind of
>> deed and REETA with the death certificate/community property agreement
>> attached?
>>
>> If the latter, what kind of deed?
>>
>> Lynn Clare
>> Clare Law Firm
>> ***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
>
>
>
> --
>
>
> *Jan Kelly, JD/MBA*Attorney at Law
>
> JK Law
> PO Box 1964
> Poulsbo, WA 98370
> Direct Line (702) 338-6733
>
> *Licensed in Nevada and Washington*.
>
>
> THIS EMAIL MESSAGE AND ANY ATTACHMENTS ARE CONFIDENTIAL AND INTENDED ONLY
> FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHICH IT IS ADDRESSED AND MAY
> CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND EXEMPT FROM
> DISCLOSURE UNDER APPLICABLE LAW. Any unauthorized review, use, copying,
> disclosure or distribution of any information contained in or attached to
> this communication is STRICTLY PROHIBITED. If you have received this
> communication in error, or are not the named recipient, please immediately
> notify the sender by email by "reply to sender only" and delete this
> message and any attached documents from your computer. Receipt by anyone
> other than the intended recipient(s) is not a waiver of confidentiality
> and/or any legal privilege. Thank you.
> ***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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Message: 8
Date: Wed, 30 Aug 2023 15:30:47 +0000
From: Jennifer L White <jen at appletreelaw.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Procedure Advice
Message-ID:
<MW4PR14MB460454D67F6D88BB426FD69CC0E6A at MW4PR14MB4604.namprd14.prod.outlook.com>
Content-Type: text/plain; charset="utf-8"
Lynn,
Not only will they take it altered, they won?t record it without those items being redacted.
Jennifer L. White, Esq.
[cid:image001.jpg at 01D9DB1C.4484EE70]
jen at appletreelaw.com<mailto:jen at appletreelaw.com>
2200 S 76th Ave
Yakima, WA 98903
509.225.9813
From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Lynn Clare
Sent: Wednesday, August 30, 2023 8:24 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Procedure Advice
Redact information on the original death certificate? I can see why (sensitive personal information), but thecounty will accept an altered original document?
On Wed, Aug 30, 2023 at 8:09?AM Jan Kelly <jan at jankellylaw.com<mailto:jan at jankellylaw.com>> wrote:
HI Lynn,
Record the certified death certificate (both sides) and on the cover page, reference the recording number of the community property agreement. Be sure to redact the mother's maiden name, date of birth and social security number.
Jan
On Wed, Aug 30, 2023 at 7:46?AM Lynn Clare <lynnclare at clarelawfirm.com<mailto:lynnclare at clarelawfirm.com>> wrote:
All,
I run into the simplest problems that tie me in knots:
Lovely Client and Spouse executed and recorded a community property agreement in the 70's. Spouse recently passed away.
Is recording the death certificate enough to provide notice that the LC is now the sole owner of the real estate, or should there be some kind of deed and REETA with the death certificate/community property agreement attached?
If the latter, what kind of deed?
Lynn Clare
Clare Law Firm
***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>
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--
Jan Kelly, JD/MBA
Attorney at Law
JK Law
PO Box 1964
Poulsbo, WA 98370
Direct Line (702) 338-6733
Licensed in Nevada and Washington.
[https://static.wealthcounsel.com/static/15185383862255917797.jpg]
THIS EMAIL MESSAGE AND ANY ATTACHMENTS ARE CONFIDENTIAL AND INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHICH IT IS ADDRESSED AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. Any unauthorized review, use, copying, disclosure or distribution of any information contained in or attached to this communication is STRICTLY PROHIBITED. If you have received this communication in error, or are not the named recipient, please immediately notify the sender by email by "reply to sender only" and delete this message and any attached documents from your computer. Receipt by anyone other than the intended recipient(s) is not a waiver of confidentiality and/or any legal privilege. Thank you.
***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.***
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