[WSBAPT] Fraudulent deed transfers

Theresa Nguyen theresa at tnguyenlaw.com
Sat Apr 23 23:04:11 PDT 2016 

Does anyone know what the remedies are or where to start if your client's spouse fraudulently transferred community property by deed? 

The deed states "spouse's name", "an unmarried individual" although they are still married.

The sale price was also less than the county's assessed value...but we have no clue who the grantee is. Some research suggest they might be foreign citizens and there is no way to contact them. After doing a record search on the Address listed as grantee's address, the grantee does not own that property. 

Any tips would be really appreciated.

Thank you.

Theresa Nguyen, J.D., LL.M.
Law Office of Theresa Nguyen, PLLC
707 S Grady Way, Suite 600 | Renton, WA 98057
Ph. 425.998.7295 | Fax 425.420.2695
Email: theresa at tnguyenlaw.com | Mobile: 206.499.9515 
Website: www.tnguyenlaw.com 

> On Apr 23, 2016, at 12:00 PM, wsbapt-request at lists.wsbarppt.com wrote:
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> Today's Topics:
> 
>  1. Releasing PR and appointing new one - proper forms and
>     language (Steve Waltar)
>  2. Re: Releasing PR and appointing new one - proper forms    and
>     language (Eric Nelsen)
>  3. Re: Releasing PR and appointing new one - proper    forms    and
>     language (pugetsoundlaw at gmail.com)
>  4. Re: Releasing PR and appointing new one - proper    forms    and
>     language (Douglas Bratt)
> 
> 
> ----------------------------------------------------------------------
> 
> Message: 1
> Date: Fri, 22 Apr 2016 20:38:25 +0000
> From: Steve Waltar <steve at waltar.com>
> To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> Subject: [WSBAPT] Releasing PR and appointing new one - proper forms
>   and    language
> Message-ID:
>   <BN3PR0201MB09302EFD618F57BF1ED86998D96F0 at BN3PR0201MB0930.namprd02.prod.outlook.com>
> 
> Content-Type: text/plain; charset="us-ascii"
> 
> I have a case in which the existing PR listed in a Last Will and Testament (probate already begun) wants to resign.  Also, the only other listed alternate PR ants to decline.
> 
> I have two questions:  /requests for help.
> 
> First, Do I need a new petition and order and oath to get a new Administrative PR appointed?  If so, would anyone share pleadings with me?  I'm fine with the Declination by the alternate PR.
> 
> Second, what is the proper language to have when releasing the existing PR.  In other words, should there be language to "release" the existing PR from fiduciary duties, give the courts blessing or hold harmless since fiduciary duties are terminated, and of course to cancel the existing Letters Testamentary?
> 
> 
> Stephen M. Waltar, PS
> Estate Planning Law
> 1750 - 112th Avenue NE, Suite C245
> Bellevue, WA  98004
> (425) 455-6788
> www.waltar.com<http://www.waltar.com/>
> 
> [cid:image002.jpg at 01CA47FC.9ED8CEE0]<http://www.waltar.com/>
> 
> If we should be helping someone you care about,
> please don't keep us a secret!
> 
> [facebook]<https://www.facebook.com/pages/Stephen-M-Waltar-PS/663832273655743>  [twitter] <https://twitter.com/WaltarLaw>   [linkedin] <http://www.linkedin.com/company/3173783?trk=tyah>   [g-plus-icon-32x32] <https://plus.google.com/u/0/114715232767415279995>   [youtube] <http://www.youtube.com/StephenMWaltarPS>
> Circular 230 Warning:  This communication is not intended to constitute tax advice and may not be used by any person or entity for the purpose of avoiding penalties that may be imposed by the Internal Revenue Service.
> Confidentiality Notice: The information contained herein and any attachments are a private communication sent by the Law Firm of Stephen M. Waltar, PS and may contain confidential and/or legally privileged information meant solely for the intended recipient.  If you are not the intended recipient, you are hereby notified that any use, dissemination, distribution, forwarding or any form of copying of this communication is strictly prohibited. Please notify the sender immediately by replying to this message, then delete the e-mail and any attachments from your system.
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> ------------------------------
> 
> Message: 2
> Date: Fri, 22 Apr 2016 21:23:34 +0000
> From: Eric Nelsen <Eric at sayrelawoffices.com>
> To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> Subject: Re: [WSBAPT] Releasing PR and appointing new one - proper
>   forms    and    language
> Message-ID:
>   <8CF6ADB264BB704BB884B2ED9C1931D40187F9292E at SBS2011.SayreLawOffices.local>
> 
> Content-Type: text/plain; charset="us-ascii"
> 
> See RCW 11.28.290<http://app.leg.wa.gov/RCW/default.aspx?cite=11.28&full=true#11.28.290> to start--a PR who resigns must account to the successor. It can be done privately and informally, outside the court, but an initial duty of the successor PR is to receive the accounting from the resigning PR and ensure that the resigning PR has turned over all assets, etc. Often this merely amounts to turning over some papers and maybe helping change over the estate bank account.
> 
> Once the resigning PR has fully accounted to her/his successor, the court should "discharge" her/him. The initial resignation should be "accepted" by the court and the new PR appointed, but the old PR isn't "discharged" until the Court is certain that all duties up to that point have been met.
> 
> You do need a new petition, order, and oath for the new PR, just like at the beginning, with appropriate changes to reflect acceptance of resignation of old PR, and some instructions that old PR shall account to the new PR and shall be discharged, say, "upon filing by the new PR of a Receipt acknowledging receipt of a satisfactory accounting and possession and control of all estate property formerly managed by the old PR." Or some such like that. If something goes wrong, the new PR can always petition the court for other relief.
> 
> New PR can get nonintervention powers also if available--see RCW 11.28.280<http://app.leg.wa.gov/RCW/default.aspx?cite=11.28&full=true#11.28.280>.
> 
> Sincerely,
> 
> Eric
> 
> Eric C. Nelsen
> SAYRE LAW OFFICES, PLLC
> 1320 University St
> Seattle WA  98101-2837
> phone 206-625-0092
> fax 206-625-9040
> 
> 
> 
> From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Steve Waltar
> Sent: Friday, April 22, 2016 1:38 PM
> To: WSBA Probate & Trust Listserv
> Subject: [WSBAPT] Releasing PR and appointing new one - proper forms and language
> 
> I have a case in which the existing PR listed in a Last Will and Testament (probate already begun) wants to resign.  Also, the only other listed alternate PR ants to decline.
> 
> I have two questions:  /requests for help.
> 
> First, Do I need a new petition and order and oath to get a new Administrative PR appointed?  If so, would anyone share pleadings with me?  I'm fine with the Declination by the alternate PR.
> 
> Second, what is the proper language to have when releasing the existing PR.  In other words, should there be language to "release" the existing PR from fiduciary duties, give the courts blessing or hold harmless since fiduciary duties are terminated, and of course to cancel the existing Letters Testamentary?
> 
> 
> Stephen M. Waltar, PS
> Estate Planning Law
> 1750 - 112th Avenue NE, Suite C245
> Bellevue, WA  98004
> (425) 455-6788
> www.waltar.com<http://www.waltar.com/>
> 
> [cid:image002.jpg at 01CA47FC.9ED8CEE0]<http://www.waltar.com/>
> 
> If we should be helping someone you care about,
> please don't keep us a secret!
> 
> [facebook]<https://www.facebook.com/pages/Stephen-M-Waltar-PS/663832273655743>  [twitter] <https://twitter.com/WaltarLaw>   [linkedin] <http://www.linkedin.com/company/3173783?trk=tyah>   [g-plus-icon-32x32] <https://plus.google.com/u/0/114715232767415279995>   [youtube] <http://www.youtube.com/StephenMWaltarPS>
> Circular 230 Warning:  This communication is not intended to constitute tax advice and may not be used by any person or entity for the purpose of avoiding penalties that may be imposed by the Internal Revenue Service.
> Confidentiality Notice: The information contained herein and any attachments are a private communication sent by the Law Firm of Stephen M. Waltar, PS and may contain confidential and/or legally privileged information meant solely for the intended recipient.  If you are not the intended recipient, you are hereby notified that any use, dissemination, distribution, forwarding or any form of copying of this communication is strictly prohibited. Please notify the sender immediately by replying to this message, then delete the e-mail and any attachments from your system.
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> 
> ------------------------------
> 
> Message: 3
> Date: Fri, 22 Apr 2016 14:37:06 -0700
> From: <pugetsoundlaw at gmail.com>
> To: "'WSBA Probate & Trust Listserv'" <wsbapt at lists.wsbarppt.com>
> Subject: Re: [WSBAPT] Releasing PR and appointing new one - proper
>   forms    and    language
> Message-ID: <002401d19cdf$1e3f9ae0$5abed0a0$@gmail.com>
> Content-Type: text/plain; charset="us-ascii"
> 
> Also, a new PR that applies for appointment and who is not named in a will
> usually has to post a bond, even if the will waived bond for those named.
> You may get all interested parties to sign off on a waiver of bond for your
> new PR, usually all the heirs is sufficient, but commissioner may consider
> protection for creditors too.
> 
> 
> 
> The new letters issued will be "Letters of Administration with Will Annexed"
> 
> 
> 
> Tara M. Roberts
> 
> Puget Sound Law pllc
> 
> roberts at pugetsoundlaw.com <mailto:roberts at pugetsoundlaw.com> 
> 
> 
> 
> 
> 
> 
> 
> 
> 
> From: wsbapt-bounces at lists.wsbarppt.com
> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Eric Nelsen
> Sent: Friday, April 22, 2016 2:24 PM
> To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> Subject: Re: [WSBAPT] Releasing PR and appointing new one - proper forms and
> language
> 
> 
> 
> See RCW 11.28.290
> <http://app.leg.wa.gov/RCW/default.aspx?cite=11.28&full=true#11.28.290>  to
> start--a PR who resigns must account to the successor. It can be done
> privately and informally, outside the court, but an initial duty of the
> successor PR is to receive the accounting from the resigning PR and ensure
> that the resigning PR has turned over all assets, etc. Often this merely
> amounts to turning over some papers and maybe helping change over the estate
> bank account.
> 
> 
> 
> Once the resigning PR has fully accounted to her/his successor, the court
> should "discharge" her/him. The initial resignation should be "accepted" by
> the court and the new PR appointed, but the old PR isn't "discharged" until
> the Court is certain that all duties up to that point have been met.
> 
> 
> 
> You do need a new petition, order, and oath for the new PR, just like at the
> beginning, with appropriate changes to reflect acceptance of resignation of
> old PR, and some instructions that old PR shall account to the new PR and
> shall be discharged, say, "upon filing by the new PR of a Receipt
> acknowledging receipt of a satisfactory accounting and possession and
> control of all estate property formerly managed by the old PR." Or some such
> like that. If something goes wrong, the new PR can always petition the court
> for other relief.
> 
> 
> 
> New PR can get nonintervention powers also if available--see RCW 11.28.280
> <http://app.leg.wa.gov/RCW/default.aspx?cite=11.28&full=true#11.28.280> .
> 
> 
> 
> Sincerely,
> 
> 
> 
> Eric
> 
> 
> 
> Eric C. Nelsen
> 
> SAYRE LAW OFFICES, PLLC
> 
> 1320 University St
> 
> Seattle WA  98101-2837
> 
> phone 206-625-0092
> 
> fax 206-625-9040
> 
> 
> 
> 
> 
> 
> 
> From: wsbapt-bounces at lists.wsbarppt.com
> <mailto:wsbapt-bounces at lists.wsbarppt.com>
> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Steve Waltar
> Sent: Friday, April 22, 2016 1:38 PM
> To: WSBA Probate & Trust Listserv
> Subject: [WSBAPT] Releasing PR and appointing new one - proper forms and
> language
> 
> 
> 
> I have a case in which the existing PR listed in a Last Will and Testament
> (probate already begun) wants to resign.  Also, the only other listed
> alternate PR ants to decline.  
> 
> 
> 
> I have two questions:  /requests for help.
> 
> 
> 
> First, Do I need a new petition and order and oath to get a new
> Administrative PR appointed?  If so, would anyone share pleadings with me?
> I'm fine with the Declination by the alternate PR.
> 
> 
> 
> Second, what is the proper language to have when releasing the existing PR.
> In other words, should there be language to "release" the existing PR from
> fiduciary duties, give the courts blessing or hold harmless since fiduciary
> duties are terminated, and of course to cancel the existing Letters
> Testamentary?  
> 
> 
> 
> 
> 
> Stephen M. Waltar, PS
> 
> Estate Planning Law
> 
> 1750 - 112th Avenue NE, Suite C245
> 
> Bellevue, WA  98004
> 
> (425) 455-6788
> 
> <http://www.waltar.com/> www.waltar.com
> 
> 
> 
> <http://www.waltar.com/> 
> 
> 
> 
> If we should be helping someone you care about, 
> 
> please don't keep us a secret!
> 
> 
> 
> <https://www.facebook.com/pages/Stephen-M-Waltar-PS/663832273655743>
> <https://twitter.com/WaltarLaw>
> <http://www.linkedin.com/company/3173783?trk=tyah>
> <https://plus.google.com/u/0/114715232767415279995>
> <http://www.youtube.com/StephenMWaltarPS> 
> 
> Circular 230 Warning:  This communication is not intended to constitute tax
> advice and may not be used by any person or entity for the purpose of
> avoiding penalties that may be imposed by the Internal Revenue Service.
> 
> Confidentiality Notice: The information contained herein and any attachments
> are a private communication sent by the Law Firm of Stephen M. Waltar, PS
> and may contain confidential and/or legally privileged information meant
> solely for the intended recipient.  If you are not the intended recipient,
> you are hereby notified that any use, dissemination, distribution,
> forwarding or any form of copying of this communication is strictly
> prohibited. Please notify the sender immediately by replying to this
> message, then delete the e-mail and any attachments from your system.
> 
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> 
> ------------------------------
> 
> Message: 4
> Date: Fri, 22 Apr 2016 23:57:10 +0000
> From: Douglas Bratt <djbratt at mbavancouverlaw.com>
> To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> Subject: Re: [WSBAPT] Releasing PR and appointing new one - proper
>   forms    and    language
> Message-ID:
>   <CE7DE311763C284CBA15D1B0B4122FAA01532B747C at Server01.mbavancouverlaw.com>
> 
> Content-Type: text/plain; charset="us-ascii"
> 
> Hello:
> 
> Eric Nelson's reply is, as it most often is, thorough and thoughtful.
> 
> One pitfall in the present situation is that the two persons mentioned in the Will to serve were probably authorized to serve "without bond," per the provisions of the Will.
> 
> The person who is to serve as the Substitute PR has not been similarly trusted by the Testator/Testatrix, by name, in the Will.
> 
> So, it very well might be that the new PR will be required to obtain and file a Personal Representative's Bond.
> 
> My three (3) cents (higher rates on Fridays).
> 
> Regards,
> 
> Doug Bratt
> 
> Douglas J. Bratt
> Lawyer
> 
> [Envelope scaled Foster]
> 
> Office: (360) 213-2040
> Fax: (360) 213-2030
> 
> 
> 
> CONFIDENTIALITY NOTICE:  This email message may contain confidential or privileged information.  If you have received this message by mistake, please do not review, disclose, copy, or distribute the email. Instead, please notify us immediately by replying to this message or telephoning us.  Thank you.
> 
> NOTE:  I do not use encrypted email.  Messages sent to or Sent from my iPhone
> 
> TAX ADVICE NOTICE: IRS Circular 230 requires us to advise you that, if this communication or any attachment contains any tax advice, the advice is not intended to be used, and cannot be used, for the purpose of avoiding federal tax penalties. A taxpayer may rely on professional advice to avoid federal tax penalties only if the advice is reflected in a comprehensive tax opinion that conforms to stringent requirements. Please contact us if you have any questions about Circular 230 or would like to discuss our preparation of an opinion that conforms to these IRS rules.
> 
> 
> 
> 
> From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Eric Nelsen
> Sent: Friday, April 22, 2016 2:24 PM
> To: WSBA Probate & Trust Listserv
> Subject: Re: [WSBAPT] Releasing PR and appointing new one - proper forms and language
> 
> See RCW 11.28.290<http://app.leg.wa.gov/RCW/default.aspx?cite=11.28&full=true#11.28.290> to start--a PR who resigns must account to the successor. It can be done privately and informally, outside the court, but an initial duty of the successor PR is to receive the accounting from the resigning PR and ensure that the resigning PR has turned over all assets, etc. Often this merely amounts to turning over some papers and maybe helping change over the estate bank account.
> 
> Once the resigning PR has fully accounted to her/his successor, the court should "discharge" her/him. The initial resignation should be "accepted" by the court and the new PR appointed, but the old PR isn't "discharged" until the Court is certain that all duties up to that point have been met.
> 
> You do need a new petition, order, and oath for the new PR, just like at the beginning, with appropriate changes to reflect acceptance of resignation of old PR, and some instructions that old PR shall account to the new PR and shall be discharged, say, "upon filing by the new PR of a Receipt acknowledging receipt of a satisfactory accounting and possession and control of all estate property formerly managed by the old PR." Or some such like that. If something goes wrong, the new PR can always petition the court for other relief.
> 
> New PR can get nonintervention powers also if available--see RCW 11.28.280<http://app.leg.wa.gov/RCW/default.aspx?cite=11.28&full=true#11.28.280>.
> 
> Sincerely,
> 
> Eric
> 
> Eric C. Nelsen
> SAYRE LAW OFFICES, PLLC
> 1320 University St
> Seattle WA  98101-2837
> phone 206-625-0092
> fax 206-625-9040
> 
> 
> 
> From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Steve Waltar
> Sent: Friday, April 22, 2016 1:38 PM
> To: WSBA Probate & Trust Listserv
> Subject: [WSBAPT] Releasing PR and appointing new one - proper forms and language
> 
> I have a case in which the existing PR listed in a Last Will and Testament (probate already begun) wants to resign.  Also, the only other listed alternate PR ants to decline.
> 
> I have two questions:  /requests for help.
> 
> First, Do I need a new petition and order and oath to get a new Administrative PR appointed?  If so, would anyone share pleadings with me?  I'm fine with the Declination by the alternate PR.
> 
> Second, what is the proper language to have when releasing the existing PR.  In other words, should there be language to "release" the existing PR from fiduciary duties, give the courts blessing or hold harmless since fiduciary duties are terminated, and of course to cancel the existing Letters Testamentary?
> 
> 
> Stephen M. Waltar, PS
> Estate Planning Law
> 1750 - 112th Avenue NE, Suite C245
> Bellevue, WA  98004
> (425) 455-6788
> www.waltar.com<http://www.waltar.com/>
> 
> [cid:image002.jpg at 01CA47FC.9ED8CEE0]<http://www.waltar.com/>
> 
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