[WSBAPT] Probate/Non-Probate Notice to Creditors

Kate Gamble uptownlawpt at gmail.com
Fri Sep 11 09:50:01 PDT 2015


Try looking to the trust administration clause to see what powers a
co-trustee can exercise on his/her own.

Kate Gamble

Attorney at Law

Uptown Law PLLC

PO Box 835

Port Townsend, WA 98368

(360) 379-1818



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From:  <wsbapt-bounces at lists.wsbarppt.com> on behalf of Jacob Menashe
<jacob at hickmanmenashe.com>
Reply-To:  WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Date:  Friday, September 11, 2015 at 9:15 AM
To:  WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject:  [WSBAPT] Probate/Non-Probate Notice to Creditors

I am considering a situation where a person has died, and everything is in
the person¹s living trust. The living trust has co-trustees ­ with one being
a professional. Query: Can we commence a probate, even for an asset-less
estate, so the PR can file and publish a probate notice to creditors (which
covers, I know, probate and non-probate assets)? The reason for doing this
would be because the professional co-trustee, for whatever reason, may be
balking at using the non-probate notice to creditors process. Alternatively,
I wonder if the sole trustee may be able to file and publish the non-probate
notice on its own ­ especially if the professional co-trustee so delegates
or requests? Any thoughts on this? Things to look at for? Am I making this
harder than it should be?
 
Thanks much, 
 
Jacob Menashe
 
_______________
Jacob H. Menashe
Hickman Menashe, PS
4211 Alderwood Mall Blvd., Suite 202
Lynnwood, WA 98036
(425) 744-5658 phone
(425) 744-6078 fax
Satellite Office in Bellevue
www.hickmanmenashe.com <www.hickmanmenashe.com>
 
 
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