[WSBARP] Procedure Advice

Wed Aug 30 20:48:53 PDT 2023

I'm curious how others go about "redacting" info from death certificates. I
simply use little tidbits of removable white tape, in order to cover the
information for purposes of recording, but without permanently altering the
government record.

Also - our rural county (Island County) doesn't seem to care one bit about
redactions on death certificates. I've seen clients record pro se with zero
information redacted, and there's no rejection.

*Sarah O’Farrell McCarthy*

*(Pronouns: she / her)*Attorney, Partner | Kelly, Arndt & Walker, Attorneys
at Law, PLLP
P.O. Box 290 | 6443 Harding Avenue | Clinton, WA  98236

(Located on Whidbey Island, Island County, Washington)
Phone: (360) 341-1515 | Fax: (360) 341-3272
sarah at kawlawyers.com | www.kawlawyers.com

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On Wed, Aug 30, 2023 at 11:09 AM Paul Neumiller <pneumiller at hotmail.com>
wrote:

> 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> 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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> --
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>
> *Jan Kelly, JD/MBA *Attorney at Law
>
> JK Law
> PO Box 1964
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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
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