[SPAM] RE: [SPAM] RE: [SPAM] RE: [SPAM] [WSBAPT] Simultaneous death questions
Amy Pivetta Hoffman
Amy at aphoffman.com
Fri Mar 21 20:03:51 PDT 2014
You're right, Beth. It was kind of answered, but the research (I couldn't
find anything on point) seemed to support your answer. Thank you!
By the way, the few cases I found dealt more with the tort liability of
one the decedents' estates and attributed the community share just as you
said. In one example, husband was driving wife, kids and niece. Horrible
car accident, everyone dies and uncle/brother sues decedent husband's
estate for negligence.
The judge distributed community share to each and wife's estate was
distributed and husband's was held until liability was determined.
Thanks again!
Amy Pivetta Hoffman
Attorney
APH Law PLLC
Ph: 253.720.3020
F: 253.200.0855
www.aphoffman.com
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-------- Original message --------
From: Beth McDaniel
Date:03/21/2014 5:42 PM (GMT-08:00)
To: wsbapt at lists.wsbarppt.com
Subject: [SPAM] RE: [SPAM] RE: [SPAM] [WSBAPT] Simultaneous death
questions
With all respect to my peers, Amy, was your original question answered? I
thought your question was more with regard to how the assets would be
disposed upon a simultaneous death versus how many probates are necessary.
Am I correct or off base? With regard to what I understood as your
question, I have always advised clients that upon simultaneous death, 50%
of the community property subject to probate would pass under each will
and separate property subject to probate would pass under the will of the
testator having the sole interest in that property. Unfortunately, I
don’t have supportive authority readily available. I will be curious to
see if anyone disagrees.
Beth A. McDaniel
Law Offices of Beth A. McDaniel, PLLC
272 Hardie Avenue SW
Renton, WA 98057
(425) 251-8880
fax:(425) 336-2505
www.bethmcdaniel.com <http://www.bethmcdaniel.com/>
beth at bethmcdaniel.com
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From: wsbapt-owner at lists.wsbarppt.com
[mailto:wsbapt-owner at lists.wsbarppt.com] On Behalf Of Amy Pivetta Hoffman
Sent: Friday, March 21, 2014 5:35 PM
To: wsbapt at lists.wsbarppt.com
Subject: [SPAM] RE: [SPAM] [WSBAPT] Simultaneous death questions
Thanks, all. Fortunately, if this were to ever happen to this couple, it
would be filed in Pierce County.
Amy Pivetta Hoffman
Ph. 253.720.3020/F. 253.200.0855
PO Box 73040, Puyallup, WA 98373
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From: wsbapt-owner at lists.wsbarppt.com
[mailto:wsbapt-owner at lists.wsbarppt.com] On Behalf Of Katharine P. Bauer
Sent: Friday, March 21, 2014 4:52 PM
To: probate
Subject: Re: [SPAM] [WSBAPT] Simultaneous death questions
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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