[WSBAPT] Fraudulent deed transfers

Katharine P. Bauer kpb at bpblegal.com
Sun Apr 24 07:55:34 PDT 2016 

Have you thought about a quiet title action, declaring transfer void or
fraudulent?
On Apr 23, 2016 11:06 PM, "Theresa Nguyen" <theresa at tnguyenlaw.com> wrote:

> 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.
>
> -------------- next part --------------
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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
> <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.
>
> -------------- next part --------------
>
> An HTML attachment was scrubbed...
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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
> <roberts at pugetsoundlaw.com>>
>
>
>
>
>
>
>
>
>
>
> From: wsbapt-bounces at lists.wsbarppt.com
>
> [mailto:wsbapt-bounces at lists.wsbarppt.com
> <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
> <wsbapt-bounces at lists.wsbarppt.com>>
>
> [mailto:wsbapt-bounces at lists.wsbarppt.com
> <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.
>
>
> -------------- next part --------------
>
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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
>
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>
> 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
>
>
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> From: wsbapt-bounces at lists.wsbarppt.com [
> mailto:wsbapt-bounces at lists.wsbarppt.com
> <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
> <wsbapt-bounces at lists.wsbarppt.com>> [
> mailto:wsbapt-bounces at lists.wsbarppt.com
> <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/>
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