[SPAM] [WSBAPT] Simultaneous death questions

Fri Mar 21 16:52:06 PDT 2014

In Thurston County we have to open two probates and then consolidate
them....more fees for the court :)

On Fri, Mar 21, 2014 at 2:41 PM, Ronald Hendry <hrl6 at qwestoffice.net>
wrote:

The same approach works in Pierce County.

Ron Hendry

From: wsbapt-owner at lists.wsbarppt.com
[mailto:wsbapt-owner at lists.wsbarppt.com] On Behalf Of ROBERT MILLSAP
Sent: Friday, March 21, 2014 9:45 AM
To: wsbapt at lists.wsbarppt.com
Subject: RE: [SPAM] [WSBAPT] Simultaneous death questions

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

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