[WSBAPT] Abandoned out of state property in Probate?

[Schmidt & Yee]

Be sure there is no liability by the PR for deficiency. I have the same situation in Virginia and Virginia pursues the collection of the deficiency except in very narrow fact scenarios.
Pam Yee
Schmidt & Yee, PC

From: 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
dionlaw.com

This message is private or privileged. If you are not the person for whom this message is intended, please notify me immediately and delete the message. Please do not copy or send this message to anyone else. 






  On Apr 20, 2017, at 9:47 AM, Paul Neumiller <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.  
   
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  From: 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>; RPPT listserv <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 



   

   




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