[WSBAPT] Abandoned out of state property in Probate?

[Eric Nelsen]

I just ran into this issue in a probate recently, and I think the Washington PR has no duty toward out-of-state real estate assets. Our probate process can't affect out-of-state real property; it requires an ancillary probate. I think a PR can elect not to open an ancillary probate if the cost of doing so outweighs the potential benefit to the heirs. In making that decision, I think I would fully inform all the potential beneficiaries of the decision and invite them to go open the ancillary probate themselves if they wish to do so. So long as there is full notice to the parties who would potentially be prejudiced by the election to do nothing about the real property, I think it would be fine for the PR to do nothing further.

If anyone has caveats or possible problems with that route, I for one would appreciate hearing about it...

Sincerely,

Eric

Eric C. Nelsen
SAYRE LAW OFFICES, PLLC
1417 31st Ave South
Seattle WA  98144-3909
phone 206-625-0092
fax 206-625-9040

Please Note that We Have Moved. We have moved our Seattle office to Mount Baker Ridge (a small commercial community just above the I-90 tunnel). Our new address is 1417 31st Avenue South, Seattle WA 98144. All other contact information remains the same.

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Sarah Jael Dion
Sent: Thursday, April 20, 2017 3:45 PM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Abandoned out of state property in Probate?

Funny this has come up now- I have a client whose husband owned some undeveloped (and not very developable) real estate in Buffalo. It would cost my client more to open an ancillary probate in New York than the plots are worth. Additionally, it would be difficult and expensive to sell the lots, as they are not contiguous, and NY law requires an attorney to be involved in any closing of a sale. By the time my client paid for the probate, and for a lawyer to sell each lot separately...well, you get the idea.

Tentative plan is to allow NY State to foreclose for back taxes (small amounts, but eventually the lots will be sold). Thoughts?

Sarah Jael Dion

Dion Law PLLC
206-550-4005
sarah at dionlaw.com<mailto:sarah at dionlaw.com>
dionlaw.com

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On Apr 20, 2017, at 9:47 AM, Paul Neumiller <pneumiller at hotmail.com<mailto:pneumiller at hotmail.com>> wrote:

A client couldn't even donate a piece of dirt in OK to charity (no one wanted the liability of taxes and having to mow the thing).  We ended up giving the dirt to a neighbor who gladly accepted it for free.

<image001.jpg>

From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Gerald Sprute
Sent: Thursday, April 20, 2017 9:25 AM
To: RPPT listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>; RPPT listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] Abandoned out of state property in Probate?

I have a probate that is ready to close with the exception of a patch of dirt in Texas that none of the heirs want (no ancillary probate proceedings have been initiated in Texas yet).  The value is so low that even the property tax bill is viewed as a burden to the heirs, and there has been no offers to purchase on the market.
If all the heirs disclaim the property, can it be abandoned by the Estate?  Can the PR close the estate without transferring this property out of the decedent's name?  None of the heirs cares about what happens to the property.  I want to make sure the PR doesn't have some other liability out there to worry about.

Has anyone run across this before?  Any advice would be appreciated!

Jerry Sprute
Law Office of Gerald A. Sprute
P.O. Box 1657
Duvall, WA 98019
Tel: (425) 892-4079
Fax: (425) 844-9151
www.sprutelaw.com <http://www.sprutelaw.com/>









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