[WSBAPT] mystery will: trust with no trustee or terms

Thu Nov 17 10:29:36 PST 2016

Listmates,

I am handling a probate where the drafting attorney said that the deceased’s widow gets 100% of the residence “in trust” to live there during her lifetime and upon her death, his interest in the residence is divided 50% among various relatives and 50% the son of the deceased.

But the will does not name a trustee or the terms of the trust of which to abide during her lifetime (e.g., who pays the bills, repairs, etc.).  This has not come to a head yet, but is heading there.

I think we need to have a trustee appointed and some terms for the trust?   Attorney malpractice aside, what approach do you think would work best for this modest estate? TEDRA?  Other?

Thanks in advance for your responses.

Ralph Maimon
LAW OFFICE OF RALPH MAIMON, P.S.
2811 E. Madison Street, Suite 202
Seattle, WA 98112
(206) 323-0911 Office
(206) 462 1505  Fax
rmaimon at maimonlaw.com<mailto:rmaimon at maimonlaw.com>
www.maimonlaw.com

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Dalynne Singleton
Sent: Wednesday, November 16, 2016 6:44 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Getting Paid for Probate Work

The court only needs to approve fees/costs in Intervention Probate cases or insolvent cases.
If you have non-intervention probate, you can do the closing documents and pay those fees/costs from the estate account.

You file the necessary docs to close the probate and put in your fees/costs charged.  You send the docs to those heirs/beneficiaries and they have 30 days to object before probate is closed.

Dalynne Singleton

Gourley Law Group
Snohomish Escrow
The Exchange Connection
1002 10th Street / PO Box 1091
Snohomish, WA 98291

360.568.5065
360.329.4079
360.568.8092  fax
dalynne at glgmail.com<mailto:dalynne at glgmail.com>

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From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Christopher Small
Sent: Wednesday, November 16, 2016 1:02 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] Getting Paid for Probate Work

Silly question here, but I'm not afraid to ask.

I've got some probate cases going on (yes I said yes and figured I would figure out how to get paid later) and I'm wondering what the normal course of business is for getting paid on these.

I've read the statute and understand the court has to approve. Is there a motion to be filed while the probate is ongoing (assume straightforward case with relatively low fee)? Is the normal course to wait until the end to get paid?

Any helpful advice, anecdotal or otherwise, and a form or two if required, would be greatly appreciated!

Thanks in advance.

Christopher Small
CMS Law Firm LLC<https://urldefense.proofpoint.com/v2/url?u=http-3A__cmslawfirm.com&d=DQMGaQ&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=48uCzqbn0A0fuu0Vx7HiXuyvQSYkBeVAtLY41jGTlHo&m=ek1ya0XO8akNj2hQPEpGVki7rZotR7BrgZosHj1MSA8&s=7n2WGdJZr6fw-_JUqLifIHFVQ5PBOcha0XGEFT-HidY&e=>
150 Lake St., Suite 227
Kirkland, WA 98033
206.659.1512
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