[WSBARP] Procedure Advice

[Paul Neumiller]

Interesting line of posts because someone from a rural county posted here in the past and said that their recorder refuses redacted death certificates because that was altering and defacing a government document.


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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Lynn Clare
Sent: Wednesday, August 30, 2023 8:56 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Procedure Advice

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<mailto: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<mailto: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<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
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Jan Kelly, JD/MBA
Attorney at Law

JK Law
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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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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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