[WSBARP] Procedure Advice

Wed Aug 30 08:56:14 PDT 2023

The statute says "except those generated by government agencies", but if
the Recorder's Office thinks it applies to death certificates anyway, I'll
do it. I am tired of having my documents rejected and my client is over 90.

Thank you all!

On Wed, Aug 30, 2023 at 8:42 AM Jan Kelly <jan at jankellylaw.com> wrote:

> The county will reject the document if that information is not redacted:
> RCW 65.04.080 <http://app.leg.wa.gov/RCW/default.aspx?cite=65.04.080>
> Entries when instruments offered for record—Content restrictions.
> (1) When any instrument, paper, or notice, authorized or required by law
> to be filed or recorded, is deposited in or electronically transmitted to
> the county auditor's office for filing or record, that officer must indorse
> upon the same the time when it was received, noting the year, month, day,
> hour and minute of its reception, and note that the document was received
> by electronic transmission, and must file, or file and record the same
> without delay, together with the acknowledgments, proofs, and certificates
> written or printed upon or annexed to the same, with the plats, surveys,
> schedules and other papers thereto annexed, in the order and as of the time
> when the same was received for filing or record, and must note on the
> instrument filed, or at the foot of the record the exact time of its
> reception, and the name of the person at whose request it was filed or
> filed and recorded. However, the county auditor shall not be required to
> accept for filing, or filing and recording, any instrument unless there
> appear upon the face thereof, the name and nature of the instrument offered
> for filing, or filing and recording, as the case may be.
> (2) When any instrument, except those generated by governmental agencies,
> is presented to a county auditor or recording officer for recording, the
> document may not contain the following information: (a) A social security
> number; (b) a date of birth identified with a particular person; or (c) the
> maiden name of a person's parent so as to be identified with a particular
> person.
>
> On Wed, Aug 30, 2023 at 8:28 AM Lynn Clare <lynnclare at clarelawfirm.com>
> wrote:
>
>> 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
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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*.
>>>
>>>
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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*.
>
>
> 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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