[SPAM] [WSBAPT] Simultaneous death questions

[ROBERT MILLSAP]

Here is a response I found from Margaret Koch of Vashon Island.  It is
from around 2011 though.  Someone also mentioned that it is wise to call
the clerk in such situations since every county may have a different
approach. 

 

 

ROBERT MILLSAP

MILLSAP LAW FIRM, P.S.

7016 35TH AVE NE

SEATTLE, WA 98115

206-583-2740

 

 

 

I do a caption that says  "Estate of John Doe and Jane Doe".

 

I only do one petition and one order and  in the petition and order I
recite the factual data for each decedent. ie " Decedent spouses John Doe
died in 1999 and Jane Doe died in 2005. Both were residents of King
County. John Doe executed a will dated_____. Jane Doe executed a will
dated____. Both wills appointed Junior Doe as PR. who is also the sole
beneficiary of each decedent's will." ETC

 

I  go through and make sure I have covered all information that the
statute requires.  All pleadings are headed with both names. The PR signs
one oath. There is one filing fee. There is only one LT headed "Estate of
John Doe and Jane Doe." Generally I only get one EIN number .

 

This works in both King and Pierce Counties. Once you get the hang of
it--it is simpler than two probates and it works quite well for the
client.

 

Margaret

 

 

Margaret L. Koch 
Smith and Koch 



 

From: wsbapt-owner at lists.wsbarppt.com
[mailto:wsbapt-owner at lists.wsbarppt.com] On Behalf Of Amy Pivetta Hoffman
Sent: Thursday, March 20, 2014 4:18 PM
To: wsbapt at lists.wsbarppt.com
Subject: [SPAM] [WSBAPT] Simultaneous death questions

 

I have never had to probate a simultaneous death of spouses with
reciprocal wills, but I am drafting reciprocal wills for a couple who
would like to know what happens in this event.  They have devised
everything to each other, then to their kids, kids’ kids, and then to
different parties for each will.  Clearly, this is an unlikely scenario,
but it got me curious too.

 

After reading some caselaw and the Simultaneous Death Act, I’m still a
little fuzzy.

 

Am I correct in thinking that each estate would inherit half of the other
(treated as intestacy), after which each respective estate would then
distribute their entire proceeds to the respective parties named in each
will?  

 

Amy Pivetta Hoffman

Ph. 253.720.3020/F. 253.200.0855

PO Box 73040, Puyallup, WA  98373

 

 

CONFIDENTIAL COMMUNICATION:  This email is intended only for the use of
the individual(s) or entity(ies) to whom it is addressed and may contain
confidential, privileged information.  If you have received this
communication in error, please immediately notify the sender
electronically, return the email to the above email address and delete it
from your files.  Thank you.

 

=======================

- To contact the list administrator, send a message to:
webmaster at wsbarppt.com

- To unsubscribe, send a new email addressed to: imail at lists.wsbarppt.com,
with the following in the body of the message: unsubscribe wsbapt - OR -
send a message to webmaster at wsbarppt.com asking that you be removed from
the wsbapt list.

Information provided on this list should not be considered legal advice.
As with all lists - let the reader beware! No warranties or
representations are made as to the accuracy of any information provided.
All opinions and comments in this message represent the views of the
author and do not necessarily have the endorsement of the Washington State
Bar Association nor its officers or agents. 

=======================


- To contact the list administrator, send a message to:
webmaster at wsbarppt.com

- To unsubscribe, send a new email addressed to: imail at lists.wsbarppt.com,
with the following in the body of the message: unsubscribe wsbapt - OR -
send a message to webmaster at wsbarppt.com asking that you be removed from
the wsbapt list.

Information provided on this list should not be considered legal advice.
As with all lists - let the reader beware! No warranties or
representations are made as to the accuracy of any information provided.
All opinions and comments in this message represent the views of the
author and do not necessarily have the endorsement of the Washington State
Bar Association nor its officers or agents. 

-------------- next part --------------
A non-text attachment was scrubbed...
Name: winmail.dat
Type: application/ms-tnef
Size: 15315 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20140321/fbe154d9/winmail.dat>