[WSBAPT] appraisal required?

Mon Aug 22 14:08:15 PDT 2016

11.100.140 only affects trustees.  the last section of it specifically excludes PR’s.

From: Thomas M. Culbertson 
Sent: Friday, August 19, 2016 8:53 AM
To: 'WSBA Probate & Trust Listserv' 
Subject: Re: [WSBAPT] appraisal required?

I have always believed as Jill does that 11.69.090 trumps 11.56.010 in nonintervention probates, but it also seems to me that the reference to 11.100 below means that a NI PR must give the notice and otherwise comply with 11.100.140 if the sale is a “significant nonroutine transaction” as defined in that statute.

________________________________________

THOMAS M. CULBERTSON  I Lukins & Annis, PS

717 W. Sprague Ave, Suite 1600, Spokane, WA 99201

(509) 455-9555 I fax (509) 363-2500  I  tculbertson at lukins.com 

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Jill H. Sasser
Sent: Thursday, August 18, 2016 4:51 PM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] appraisal required?

I think this is what you are looking for:

RCW 11.68.090  
Powers of personal representative under nonintervention will—Scope—Relief from duties, restrictions, liabilities by will.
(1) Any personal representative acting under nonintervention powers may borrow money on the general credit of the estate and may mortgage, encumber, lease, sell, exchange, convey, and otherwise have the same powers, and be subject to the same limitations of liability, that a trustee has under chapters 11.98, 11.100, and 11.102 RCW with regard to the assets of the estate, both real and personal, all without an order of court and without notice, approval, or confirmation, and in all other respects administer and settle the estate of the decedent without intervention of court. Except as otherwise specifically provided in this title or by order of court, a personal representative acting under nonintervention powers may exercise the powers granted to a personal representative under chapter 11.76 RCW but is not obligated to comply with the duties imposed on personal representatives by that chapter. A party to such a transaction and the party's successors in interest are entitled to have it conclusively presumed that the transaction is necessary for the administration of the decedent's estate.

(2) Except as otherwise provided in chapter 11.108 RCW or elsewhere in order to preserve a marital deduction from estate taxes, a testator may by a will relieve the personal representative from any or all of the duties, restrictions, and liabilities imposed: Under common law; by chapters 11.54, 11.56, 11.100, 11.102, and 11.104A RCW; or by RCW 11.28.270 and 11.28.280, 11.68.095, and 11.98.070. In addition, a testator may likewise alter or deny any or all of the privileges and powers conferred by this title, and may add duties, restrictions, liabilities, privileges, or powers to those imposed or granted by this title. If any common law or any statute referenced earlier in this subsection is in conflict with a will, the will controls whether or not specific reference is made in the will to this section. However, notwithstanding the rest of this subsection, a personal representative may not be relieved of the duty to act in good faith and with honest judgment.

Jill H. Sasser | Attorney at Law

805 Broadway Street, Suite 1000
P.O. Box 1086
Vancouver, WA  98666-1086
T:  360-816-2534 | T:  503-283-3393 | F:  360-816-2535
www.landerholm.com 

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Roger Hawkes
Sent: Thursday, August 18, 2016 4:41 PM
To: Probate and Trust Listserve
Subject: [WSBAPT] appraisal required?

RCW 11.56.010  appears to require that real estate within a probate can only be sold by court order.  The common practice is for non intervention PRs to sell without advance approval.  Is there a specific section that authorizes that in NI probates?  Do all real estate sales require a formal appraisal? Unless a court says not required?
“The court may order real or personal property sold, leased or mortgaged for the purposes hereinafter mentioned but no sale, lease or mortgage of any property of an estate shall be made except under an order of the court, unless otherwise provided by law.”

Roger Hawkes, WSBA 5173

19909 Ballinger Way NE

Shoreline, WA 98155

www.hawkeslawfirm.com

206 367 5000 voice

206 367 4005  fax

----------------------------
This e-mail message (including attachments) is for the sole use of the intended recipient(s).  It contains confidential, proprietary or legally protected information which is the property of  Landerholm, P.S. or its clients.  Any unauthorized disclosure or use of the contents of this e-mail is strictly prohibited.  If you have received this e-mail in error, notify the sender immediately and destroy all copies of the original message.

----------------------------

Disclaimer

This message has been scanned for viruses and dangerous content by Lukins & Annis, P.S. 

NOTICE: This email may contain confidential or privileged material, and is intended solely for use by the above referenced recipient. Any review, copying, printing, disclosure, distri- bution, or any other use, is strictly prohibited. 

If you are not the recipient, and believe that you have received this in error, please notify the sender and delete the copy you received. 

Thank You!

--------------------------------------------------------------------------------
_______________________________________________
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/20160822/27f2e382/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.gif
Type: image/gif
Size: 3203 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20160822/27f2e382/image001.gif>