[WSBAPT] How to transfer jointly held real estate when person cannot be found
Mike Winslow
mike at winslegal.com
Thu Aug 10 11:32:14 PDT 2017
I assume from your post that the issue is the signing of the Tax affidavit; that is that the deed is signed, but the grantor refuses to sign the tax affidavit.
The statute allows persons other than the grantor or grantee to sign as agent.
I don’t think the Treasurer cares about the signature; just the basis for exemption, assuming the transfer is exempt.
I had a lengthy discussion with a PC who obtained a deed as part of settlement of a lawsuit, but the grantor refused to sign the REETA.
The WACS and the Excise Tax statute make clear that an agent may sign. Below is part of my discussion with my PC.
I called Keith Valdez at the Excise Tax division of the Department of Revenue to explain the circumstances of my PC’s dilemma and inquire if you could process the Tax Affidavit as proposed. He stated that under the circumstances DOR would accept the Tax Affidavit bearing signature as both agent of Grantor and as Grantee if the County Treasurer will accept it on the Tax Affidavit. He says the Treasurer makes the call on this signature issue. Mr. Valdez has a direct phone number of 360.534.1453 <tel:(360)%20534-1453> .
Michael A. Winslow
1204 Cleveland Ave.
Mount Vernon, WA 98273
Ph. 360-336-3321
Em. Mike at winslegal.com
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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Goffe, Wendy S.
Sent: Thursday, August 10, 2017 10:35 AM
To: 'jenny at jcrlaw.com'; 'WSBA Probate & Trust Listserv'
Subject: Re: [WSBAPT] How to transfer jointly held real estate when person cannot be found
Has anyone been able, in this situation, to have the court order that the deed be recorded with an unsigned real estate excise tax affidavit where the grantee simply refuses to sign?
Or is anyone aware of a different approach to getting the deed recorded?
Thank you,
Wendy
Wendy S. Goffe | Partner
STOEL RIVES LLP | 600 University Street, Suite 3600 | Seattle, WA 98101-4109
Direct: (206) 386-7565 | Fax: (206) 386-7500
wendy.goffe at stoel.com | Bio <http://www.stoel.com/showbio.aspx?show=9346> | vCard <http://www.stoel.com/getvcard.asp?id=9346> | www.stoel.com <http://www.stoel.com/>
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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Jennifer C. Rydberg
Sent: Monday, August 08, 2016 2:28 PM
To: 'WSBA Probate & Trust Listserv'
Subject: Re: [WSBAPT] How to transfer jointly held real estate when person cannot be found
Here is a summary of the statute and case law on the subject that is accessible to members of the WSBA Family Law Section that may be helpful to you.
When a party refuses a court order to convey a deed or deliver property, the court may hold them in contempt, appointed a special master at the recalcitrant party’s expense to perform the acts, order a writ of attachment or, if the property is located within Washington, the court may transfer title by court order (without the necessity of first entering judgment and waiting for a party’s noncompliance, according to the unpublished case of Lapitskiy v. Furmanov, 97 Wash. App. 1038 (1999), which thoroughly analyzes holdings from other jurisdictions).
RCW 6.28.010 <http://apps.leg.wa.gov/RCW/default.aspx?cite=6.28.010> , 26.12.010 <http://apps.leg.wa.gov/RCW/default.aspx?cite=26.12.010> & 2.28.150 <http://apps.leg.wa.gov/RCW/default.aspx?cite=2.28.150>
CR 70 <http://www.courts.wa.gov/court_rules/?fa=court_rules.display&group=sup&set=CR&ruleid=supcr70>
10A Wash. Practice, Civil Procedure Forms § 70.11 (3d ed.)
In re Marriage of Penry, 119 Wn. App. 799, 82 P.3d 1231 (2004);
Donaldson v. Greenwood, 40 Wn.2d 238, 251, 242 P.2d 1038 (1952)
Power to appoint commissioner does not prevent court from using contempt proceedings to compel party to execute deed.
Mathewson v. Primeau, 64 Wn.2d 929, 934, 395 P.2d 183 (1964);
Wright v. Suydam, 79 Wn. 550, 140 P. 578 (1914)
Following death of party required to make conveyance, commissioner’s deed conveys interest of both survivor and estate.
State ex rel. Gordon v. Smith, 98 Wn. 100, 167 P. 91 (1917), modified on other grounds, 98 Wn. 106, 169 P. 468 (1918).
Failure to complete court approval of conveyance by commissioner’s signature does not provide basis for quiet title action by former owner of property conveyed. No time limit prescribed for endorsement of the court’s approval on the deed.
Mitchell v. Cunningham, 8 F.2d 813 (9th Cir. 1925)
A foreign court entering a dissolution decree which awards property located in this jurisdiction will be enforced in Washington.
MacKenzie v. Barthol. 142 Wn. App. 235, 240-41, 173 P.3d 980 (2007)
With kindest regards,
Jenny Rydberg
<http://www.jcrlaw.com/> JCR logo ver 1
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<http://www.facebook.com/pages/Jennifer-C-Rydberg-Attorney-at-Law/202026819930339?fref=ts> Facebook <http://www.linkedin.com/company/jennifer-c.-rydberg-attorney-at-law> LinkedIn <https://twitter.com/JCRLaw> Twitter
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From: Theresa Nguyen [mailto:theresa at tnguyenlaw.com]
Sent: Thursday, August 04, 2016 7:00 PM
To: wsbapt at lists.wsbarppt.com
Subject: Re: [WSBAPT] How to transfer jointly held real estate when person cannot be found
Hi all,
I have a lot several clients running into this same issue:
- Spouse files for divorce, 90 days lapses
- Court orders by default, a decree that petitioning spouse shall have title to real estate
- Non-responsive spouse cannot be found, is in another state or out of the country
Does any one know of a special way to have the court appoint a magistrate or someone to sign in place of the noncompliant spouse/missing spouse? Some states allow this but I cannot seem to find any law or article discussing this method.
I know the court can issue a contempt order, but this serves no purpose especially if the transferor spouse is missing, non-responsive or out of the country…
Please advise, thank you!
--
Kindest Regards,
Theresa Nguyen, J.D., LL.M.
Law Office of Theresa Nguyen, PLLC
707 S Grady Way, Suite 600 | Renton, WA 98057
Ph. 425.998.7295 | Fax 425.420.2695
www.tnguyenlaw.com <http://www.tnguyenlaw.com/> | theresa at tnguyenlaw.com
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On Aug 4, 2016, at 12:00 PM, wsbapt-request at lists.wsbarppt.com wrote:
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Today's Topics:
1. Attorney Near UW Medical Center ASAP
(Felicia Value, Attorney at Law)
2. Re: Attorney Near UW Medical Center ASAP (Virginia Antipolo-Utt)
3. Re: Attorney Near UW Medical Center ASAP (Rob Tulloch)
4. Re: Client moving to CA (Dalynne Singleton)
5. Re: Attorney Near UW Medical Center ASAP (George Edensword-Breck)
6. Re: Buying property- Special Needs Trust/Medicaid recipient
(George Edensword-Breck)
7. Re: Client moving to CA (Kailei Feeney)
----------------------------------------------------------------------
Message: 1
Date: Wed, 3 Aug 2016 14:31:37 -0700
From: "Felicia Value, Attorney at Law" <felicia at skagitprobate.com>
To: "WSB Listserv" <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Attorney Near UW Medical Center ASAP
Message-ID: <ED5B829DC9DD4741A4E300FCBC356943 at Gaia>
Content-Type: text/plain; charset="utf-8"
Colleagues -
A former client just called me from UW Medical Center. She is gravely ill and wants to change her Will. Logistics make that impossible for me. I?m looking for someone who can go see her ASAP and work with her to create a new Will. I will forward your information directly to a close friend of client?s who has been deputized by client to pick an attorney.
Thanks in advance.
Felicia Value
Attorney at Law
PO Box 578/116 North Third Street
La Conner, WA 98257
(360) 466-2088
www.skagitprobate.com
NOTE: I do not use encrypted email. Messages sent to or
from my office via email are not secure and may not be
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is not monitored at all times. If your matter is urgent,
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Message: 2
Date: Wed, 3 Aug 2016 21:38:10 +0000
From: Virginia Antipolo-Utt <virginia at aplawfirm.com>
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Cc: Veronica Domel <vdomel at fulsheartransition.com>
Subject: Re: [WSBAPT] Attorney Near UW Medical Center ASAP
Message-ID:
<CC9985606E462C4F942B78DB350DA05C1B2B309C at server1.aplaw.com>
Content-Type: text/plain; charset="utf-8"
Sally Jeffers is great and in Seattle.
Virginia C. Antipolo-Utt
Antipolo & Paul Law Firm, P.S.
2825 Colby Avenue, Suite 301
Everett, WA 98201
(425) 303-9100, ext. 111
(425) 258-9685 (fax)
virginia at aplawfirm.com <mailto:virginia at aplawfirm.com%3cmailto:virginia at aplawfirm.com> <mailto:virginia at aplawfirm.com>
_______________________________________
Under recently issued IRS regulations, we must inform you that any US tax advice contained in this message was not intended or written to be used, and cannot be used, for the purpose of avoiding penalties that may be imposed under federal tax law. By regulation, a taxpayer cannot rely on professional advice to avoid federal tax penalties unless that advice is reflected in a comprehensive tax opinion that conforms to strict requirements.
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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Felicia Value, Attorney at Law
Sent: Wednesday, August 03, 2016 2:32 PM
To: WSB Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Attorney Near UW Medical Center ASAP
Colleagues -
A former client just called me from UW Medical Center. She is gravely ill and wants to change her Will. Logistics make that impossible for me. I?m looking for someone who can go see her ASAP and work with her to create a new Will. I will forward your information directly to a close friend of client?s who has been deputized by client to pick an attorney.
Thanks in advance.
Felicia Value
Attorney at Law
PO Box 578/116 North Third Street
La Conner, WA 98257
(360) 466-2088
www.skagitprobate.com <http://www.skagitprobate.com%3chttp:/www.skagitprobate.com> <http://www.skagitprobate.com>
NOTE: I do not use encrypted email. Messages sent to or
from my office via email are not secure and may not be
protected by attorney client privilege. This email address
is not monitored at all times. If your matter is urgent,
please phone my office during regular business hours.
This email may contain confidential material protected by
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referenced recipient. Any review, copying, printing, disclosure,
distribution, or other use by any person or entity is strictly
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sender and delete the copy you received. Thank you.
________________________________
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Message: 3
Date: Wed, 3 Aug 2016 15:12:19 -0700
From: "Rob Tulloch" <rtulloch at earthlink.net>
To: "'WSBA Probate & Trust Listserv'" <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Attorney Near UW Medical Center ASAP
Message-ID: <00f101d1edd4$1ad3c1b0$507b4510$@net>
Content-Type: text/plain; charset="utf-8"
Check with Nancy Cahill?206-547-1400?or another of the attorneys in that firm. They are at 5507 35th Ave NE.
Rob Tulloch
From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Felicia Value, Attorney at Law
Sent: Wednesday, August 03, 2016 2:32 PM
To: WSB Listserv
Subject: [WSBAPT] Attorney Near UW Medical Center ASAP
Colleagues -
A former client just called me from UW Medical Center. She is gravely ill and wants to change her Will. Logistics make that impossible for me. I?m looking for someone who can go see her ASAP and work with her to create a new Will. I will forward your information directly to a close friend of client?s who has been deputized by client to pick an attorney.
Thanks in advance.
Felicia Value
Attorney at Law
PO Box 578/116 North Third Street
La Conner, WA 98257
(360) 466-2088
www.skagitprobate.com
NOTE: I do not use encrypted email. Messages sent to or
from my office via email are not secure and may not be
protected by attorney client privilege. This email address
is not monitored at all times. If your matter is urgent,
please phone my office during regular business hours.
This email may contain confidential material protected by
attorney/client privilege, and is intended for use solely by the above
referenced recipient. Any review, copying, printing, disclosure,
distribution, or other use by any person or entity is strictly
prohibited and may be unlawful. If you are not the named recipient, or
believe you have received this email in error, please reply to the
sender and delete the copy you received. Thank you.
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Message: 4
Date: Wed, 3 Aug 2016 23:47:46 +0000
From: Dalynne Singleton <dalynne at glgmail.com>
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Client moving to CA
Message-ID:
<DM2PR12MB0046BECDAF75DB8C06D44D34A5060 at DM2PR12MB0046.namprd12.prod.outlook.com>
Content-Type: text/plain; charset="us-ascii"
I have the opposite consideration - clients have moved to WA from CA and have trust and Will, etc. from CA. Trust docs specifically states CA law is appropriate. If clients want new WA trust, can it be named the same as the CA trust and be an amendment? There is one property placed into trust and it is a WA real property with home.
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%3cmailto:dalynne at glgmail.com> <mailto:dalynne at glgmail.com>
LICENSED IN WASHINGTON AND OREGON
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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Dominique Zervas
Sent: Wednesday, August 3, 2016 11:24 AM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Client moving to CA
CONFIDENTIAL INFORMATION DO NOT read, copy or disseminate this communication unless you are the intended addressee. This email communication contains confidential and privileged information intended only for the addressee. If you have received this email in error, please delete it and notify the sender immediately. Thank you.
Greetings, List Mates:
Client's estate-planning documents are in quite basic and in order (basic Will, DPOA, HCD); he's happy with them; cash assets approx. $500K; investment/retirement accounts have beneficiaries assigned; retired; no real estate and doesn't intend to purchase any; and he's moving to California.
Is he going to need a new Will, etc., once he gets to California? Any recommendations, considerations, other?
I'd greatly appreciate any assistance.
Sincerely,
Dominique Zervas
ZERVAS LAW, PS
1909 Broadway
Bellingham, WA 98225
360.733.2010
http://zervaslaw.com <http://zervaslaw.com%3chttp:/zervaslaw.com/> <http://zervaslaw.com/>
Exceptional Service - Meaningful Solutions
Real Estate * Land Use * Business Formation * Estate Planning & Probate
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Message: 5
Date: Thu, 4 Aug 2016 14:23:14 +0000
From: George Edensword-Breck <george at e-blaw.com>
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Attorney Near UW Medical Center ASAP
Message-ID:
<e486f3a25af446ed9cb71e7dd6f319ec at mbx081-w2-co-1.exch081.serverpod.net>
Content-Type: text/plain; charset="utf-8"
I frequently meet with clients in health care facilities. While my office is on Bainbridge Island, I can do this on one of my Seattle days. Right now, my next Seattle day is tomorrow. Could meet tomorrow and finalize with client Monday or Tuesday. Have been doing estate planning for over 35 years.
George Edensword-Breck
(206) 780-0486
george at e-blaw.com <mailto:george at e-blaw.com%3cmailto:george at e-blaw.com> <mailto:george at e-blaw.com>
From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Rob Tulloch
Sent: Wednesday, August 03, 2016 3:12 PM
To: 'WSBA Probate & Trust Listserv'
Subject: Re: [WSBAPT] Attorney Near UW Medical Center ASAP
Check with Nancy Cahill?206-547-1400?or another of the attorneys in that firm. They are at 5507 35th Ave NE.
Rob Tulloch
From: wsbapt-bounces at lists.wsbarppt.com <mailto:wsbapt-bounces at lists.wsbarppt.com%3cmailto:wsbapt-bounces at lists.wsbarppt.com> <mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Felicia Value, Attorney at Law
Sent: Wednesday, August 03, 2016 2:32 PM
To: WSB Listserv
Subject: [WSBAPT] Attorney Near UW Medical Center ASAP
Colleagues -
A former client just called me from UW Medical Center. She is gravely ill and wants to change her Will. Logistics make that impossible for me. I?m looking for someone who can go see her ASAP and work with her to create a new Will. I will forward your information directly to a close friend of client?s who has been deputized by client to pick an attorney.
Thanks in advance.
Felicia Value
Attorney at Law
PO Box 578/116 North Third Street
La Conner, WA 98257
(360) 466-2088
www.skagitprobate.com <http://www.skagitprobate.com%3chttp:/www.skagitprobate.com> <http://www.skagitprobate.com>
NOTE: I do not use encrypted email. Messages sent to or
from my office via email are not secure and may not be
protected by attorney client privilege. This email address
is not monitored at all times. If your matter is urgent,
please phone my office during regular business hours.
This email may contain confidential material protected by
attorney/client privilege, and is intended for use solely by the above
referenced recipient. Any review, copying, printing, disclosure,
distribution, or other use by any person or entity is strictly
prohibited and may be unlawful. If you are not the named recipient, or
believe you have received this email in error, please reply to the
sender and delete the copy you received. Thank you.
________________________________
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Message: 6
Date: Thu, 4 Aug 2016 14:48:12 +0000
From: George Edensword-Breck <george at e-blaw.com>
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Buying property- Special Needs Trust/Medicaid
recipient
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If there is going to be financing, the lender may not accept the trust as borrower/owner.
I would be happy to consult, although on some reasonable fee agreement.
George Edensword-Breck
334 Ericksen NE
Bainbridge Island, Washington 98110
(206)780-0486
george at e-blaw.com <mailto:george at e-blaw.com%3cmailto:george at e-blaw.com> <mailto:george at e-blaw.com>
From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Alexis Singletary
Sent: Wednesday, August 03, 2016 9:34 AM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Buying property- Special Needs Trust/Medicaid recipient
Although I have given names/referrals for many of you learned colleagues over the past year, a client who is a Medicaid recipient and a SNT beneficiary informed me that ?the papers are all in the works and the bank has agreed to sell me a house.? !!
**Should a house purchase for SNT beneficiary be titled in the name of the Trust only?
Also, if you can assist layperson SNT Trustee with the proper administration of SNT, please let me know your willingness to talk to trustee. Trustee in south king county; beneficiary is Grays Harbor County.
Thank you!
Alexis
Please note that I am out of the office every Friday from now to the end of September out of town with no email coverage at times. If you do not hear from me by Tuesday in response to an email, please send your msg again in case I did not receive it. Thank You.
____________________________
Alexis R. Singletary
Attorney at Law
Singletary Law Office, PLLC
253.833.8855
www.SingletaryLawOffice.com <http://www.SingletaryLawOffice.com%3chttp:/www.singletarylawoffice.com/> <http://www.singletarylawoffice.com/>
This message is from an attorney, so it?s confidential and may be protected by attorney-client privilege and/or the work-product doctrine. If you are not the intended recipient, it?s too late to stop reading this message, but you may not use it for any improper purpose. Huge Disclaimer available upon request.
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Message: 7
Date: Thu, 4 Aug 2016 16:12:59 +0000
From: Kailei Feeney <kailei at westseattlelaw.com>
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Client moving to CA
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In that instance, I would query if a trust was indeed still the best planning mechanism for clients, or just the one they are comfortable with?
Many clients I work with coming from CA can vastly simplify their lives now and ultimate estate administration, if they are willing to be educated about trusts and when they are or are not appropriate. If your clients only own real property here, some analysis and discussion of whether a trust is necessary would seem useful.
Kailei
Kailei B. Feeney
Attorney-at-Law
[cid:image002.png at 01CE1502.B7F074B0]
3909 California Avenue SW
Seattle, WA 98116-3705
(206)938-5500
kailei at westseattlelaw.com <mailto:kailei at westseattlelaw.com%3cmailto:kailei at westseattlelaw.com> <mailto:kailei at westseattlelaw.com>
www.westseattlelaw.com <http://www.westseattlelaw.com%3chttp:/www.westseattlelaw.com/> <http://www.westseattlelaw.com/>
For your advance planning, I will be away from the office August 5.
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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Dalynne Singleton
Sent: Wednesday, August 03, 2016 4:48 PM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Client moving to CA
I have the opposite consideration - clients have moved to WA from CA and have trust and Will, etc. from CA. Trust docs specifically states CA law is appropriate. If clients want new WA trust, can it be named the same as the CA trust and be an amendment? There is one property placed into trust and it is a WA real property with home.
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%3cmailto: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%3cmailto:wsbapt-bounces at lists.wsbarppt.com> <mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Dominique Zervas
Sent: Wednesday, August 3, 2016 11:24 AM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com <mailto:wsbapt at lists.wsbarppt.com%3cmailto:wsbapt at lists.wsbarppt.com> <mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] Client moving to CA
CONFIDENTIAL INFORMATION DO NOT read, copy or disseminate this communication unless you are the intended addressee. This email communication contains confidential and privileged information intended only for the addressee. If you have received this email in error, please delete it and notify the sender immediately. Thank you.
Greetings, List Mates:
Client's estate-planning documents are in quite basic and in order (basic Will, DPOA, HCD); he's happy with them; cash assets approx. $500K; investment/retirement accounts have beneficiaries assigned; retired; no real estate and doesn't intend to purchase any; and he's moving to California.
Is he going to need a new Will, etc., once he gets to California? Any recommendations, considerations, other?
I'd greatly appreciate any assistance.
Sincerely,
Dominique Zervas
ZERVAS LAW, PS
1909 Broadway
Bellingham, WA 98225
360.733.2010
http://zervaslaw.com <http://zervaslaw.com%3chttp:/zervaslaw.com/> <http://zervaslaw.com/>
Exceptional Service - Meaningful Solutions
Real Estate * Land Use * Business Formation * Estate Planning & Probate
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