[WSBAPT] Abandoned out of state property in Probate?

Fri Apr 21 14:26:27 PDT 2017

I dealt with a similar situation (not property but a costly lawsuit that
the estate could bring with little to no chance of success in a different
country), I had all 3 heirs sign waivers and acknowledgments. I filed them
with the court. Since everyone agreed, we didn't get court approval.

I would suggest you have all the heirs sign something similar and file it
to be sure that there won't be any issues later.

Setareh

On Thu, Apr 20, 2017 at 7:42 PM, Schmidt & Yee <syaloha at gte.net> wrote:

> 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 <(206)%20550-4005>
> sarah at dionlaw.com
> dionlaw.com
>
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> 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.
>
> <image001.jpg>
>
> *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  <http://www.sprutelaw.com/>
>
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-- 

*Best regards, *

*Setareh Mahmoodi *

*Attorney at Law *

*18222 104th Ave NE, Suite 103*

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