[WSBAPT] Successorship - EmailID20151104133349

[Katharine P. Bauer]

I have often used a small estate affidavit for the trustees.  I usually
include a summary of the law, copy of the statute, and copy of the pour
over will.  No problems
On Nov 4, 2015 4:32 PM, "Lewis, Amy C." <ALewis at eisenhowerlaw.com> wrote:

> Mark,
>
>
>
>                 I have used Successor Affidavits successfully for the
> trustee of a revocable living trust to claim probate assets of modest value
> where there is a pour over Will.  However, I have experienced confusion on
> the part of some financial institutions.  I recommend including an
> explanatory cover letter and possibly providing a copy of the Will.
>
>
>
> Amy C. Lewis, Attorney
>
> ESTATE PLANNING & PROBATE
>
> 1200 Wells Fargo Plaza | 1201 Pacific Avenue | Tacoma, WA 98402
> phone 253.572.4500 | fax 253.272.5732 | www.eisenhowerlaw.com
>
> *From:* wsbapt-bounces at lists.wsbarppt.com [mailto:
> wsbapt-bounces at lists.wsbarppt.com] *On Behalf Of *1 Mark Mullins Law
> Office
> *Sent:* Wednesday, November 04, 2015 2:01 PM
> *To:* wsbapt at lists.wsbarppt.com
> *Subject:* [WSBAPT] Successorship - EmailID20151104133349
>
>
>
> What are your comments on claiming that a person, apart from his interest
> as a beneficiary of the estate or trust, who is nominated as Personal
> Representative can claim to be a "successor" under 11.62 (again, solely
> based on his position as the nominated PR)? How about the person named as
> successor trustee of a trust? This case involves a surviving spouse's
> recent death and the oldest son being the first living nominated PR of a
> pour-over will & first living nominated Trustee of a pre-existing revocable
> living trust.
>
> The definition is
>
>         (2)(a) "Successor" and "successors" shall mean (subject to
> subsection (2)(b) of this section): (i) That person or those persons who
> are entitled to the claimed property pursuant to the terms and provisions
> of the last will and testament of the decedent or by virtue of the laws of
> intestate succession contained in this title; and/or
>
> I think the questions resolve to "Is a nominated personal representative
> entitled to the estate property?"  and, "Is a nominated trustee entitled to
> the trust property?"  Of course, each actor has a fiduciary duty to carry
> out his appointed job, but is he first "entitled" to the property over
> which he is to exercise control (even where that control is to give it to
> someone else)? I think the answer is yes, but I think the Small Estate
> process is designed to allow the ultimate beneficiaries to circumvent at
> least the Personal Representative's probate role where they've given the
> required state notices, paid or provided for all debts, and agreed together
> on the final disposition.
>
> Sincerely,
>
> Mark D. Mullins
> Attorney at Law
>
> P.S. Be aware that if your email address is not on this office's approved
> list, any email to this office will be deleted without notice to the sender
> (you) or recipient (me).
>
> *Law Office of*
> *M**ARK* *D**.* *M**ULLINS*
> 206 South Lincoln Street, Suite 205
> Port Angeles, WA 98362
> Telephone: (360)457-7223 Facsimile: (360) 783-6613
> mullinslaw at msn.com
>
> CONFIDENTIALITY NOTICE: The information contained in this ELECTRONIC MAIL
> transmission is confidential. It may also be subject to the attorney-client
> privilege or be privileged work product or proprietary information. This
> information is intended for the exclusive use of the addressee(s). If you
> are not the intended recipient, you are hereby notified that any use,
> disclosure, dissemination, distribution [other than to the addressee(s)],
> copying or taking of any action because of this information is strictly
> prohibited and may result in legal action.
>
>  IMPORTANT/CONFIDENTIAL: This e-mail message (and any attachments
> accompanying it) may contain confidential information, including
> information protected by attorney-client privilege. The information is
> intended only for the use of the intended recipient(s). Delivery of this
> message to anyone other than the intended recipient(s) is not intended to
> waive any privilege or otherwise detract from the confidentiality of the
> message. If you are not the intended recipient, or if this message has been
> addressed to you in error, do not read, disclose, reproduce, distribute,
> disseminate or otherwise use this transmission. Rather,* please promptly
> notify the sender by reply e-mail, and then destroy all copies of the
> message and its attachments, if any.*
>
>
> _______________________________________________
> WSBAPT mailing list
> WSBAPT at lists.wsbarppt.com
> http://mailman.fsr.com/mailman/listinfo/wsbapt
>
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20151104/ceee3c27/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: logo3693d4
Type: image/png
Size: 22687 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20151104/ceee3c27/logo3693d4.png>