[WSBAPT] WSBAPT Digest, Vol 35, Issue 25
Mark Patterson II
barristerpatterson2 at gmail.com
Wed Aug 23 13:04:18 PDT 2017
Lisa, I am not sure if this is where I reply.
I with Jayne and Mike on this long term relationship question. Property is
characterized at acquisition, so it is desperate, but the committed
intimate relationship claim looks good, but remember it is equitable in
nature.
Mark T. Patterson II
Attorney at Law
Newton Kight LLP
Everett
On Wed, Aug 23, 2017 at 12:00 PM, <wsbapt-request at lists.wsbarppt.com> wrote:
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> Today's Topics:
>
> 1. Long-term relationship, short-term marriage, death
> (Lisa E Schuchman)
> 2. Re: Seller Disclosure Form (Doug Owens)
> 3. Re: Long-term relationship, short-term marriage, death
> (Jayne Gilbert)
> 4. Re: Long-term relationship, short-term marriage, death
> (Mike Winslow)
> 5. Recommendations for Medical Care Manager in Kirkland - Second
> Request (jacyphers at gmail.com)
> 6. FW: Seller Disclosure Form (Glenn Price)
> 7. Re: Recommendations for Medical Care Manager in Kirkland -
> Second Request (Mark Vohr)
> 8. Small Bequest to Lost Heir (Jared E. Adams)
>
>
> ----------------------------------------------------------------------
>
> Message: 1
> Date: Tue, 22 Aug 2017 22:15:59 +0000
> From: Lisa E Schuchman <lisa at lisaschuchman.com>
> To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> Subject: [WSBAPT] Long-term relationship, short-term marriage, death
> Message-ID:
> <CY4PR1601MB130247D9EE8AD5617F233530D1840 at CY4PR1601MB1302.
> namprd16.prod.outlook.com>
>
> Content-Type: text/plain; charset="us-ascii"
>
> A client lived with his domestic partner for 44 years, and they married
> less than a year ago. The partner bought a house a few years before they
> started to live together and died recently without a will. The closest
> blood relatives are siblings. I think that the house is community property
> and the surviving spouse is entitled to the entire estate, which is mostly
> the house. Does anyone disagree? Either way, are the siblings entitled to
> notice?
>
> Thanks,
>
> Lisa E. Schuchman
> 206-960-4212
> www.lisaschuchman.com<http://www.lisaschuchman.com/>
>
> I learn, I give. - Gloria Steinem
>
> 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.
>
> Any tax advice included in this document and its attachments was not
> intended or written to be used, and it cannot be used, for the purpose of
> avoiding penalties under the Internal Revenue Code.
> P Please consider the trees before printing this document
>
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> ------------------------------
>
> Message: 2
> Date: Tue, 22 Aug 2017 22:23:01 +0000
> From: Doug Owens <dougowens at seattlerelawyer.com>
> To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> Subject: Re: [WSBAPT] Seller Disclosure Form
> Message-ID: <9976298C-1EED-48EC-95F1-0CD26F1E30C5 at seattlerelawyer.com>
> Content-Type: text/plain; charset="iso-8859-1"
>
> Dear Jeff, I believe the exemption is for the personal representative of
> an estate and so a trustee of an RLT would not be entitled to the
> exemption. Yours truly, Doug Owens
> On Aug 22, 2017, at 10:49 AM, jeffrey winter <jdwinter at hotmail.com<mailto:
> jdwinter at hotmail.com>> wrote:
>
> Listmates,
>
> In the past, I have not had my PRs execute a Seller Disclosure form when
> selling real estate from a probate as is my understanding that the PR is
> not obligated to do so.
>
> Question: Is the successor trustee of a revocable living trust obligated
> to complete the form when selling from a revocable living trust where the
> trustor is deceased?
>
> Jeff Winter
>
> Law Office of Jeffrey D. Winter, P.S.
> 604 North Main Street
> Ellensburg, WA 98926
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> ------------------------------
>
> Message: 3
> Date: Tue, 22 Aug 2017 19:06:37 -0700
> From: Jayne Gilbert <jgilbertatty at gmail.com>
> To: "WSBA Probate & Trust Listserv" <wsbapt at lists.wsbarppt.com>
> Subject: Re: [WSBAPT] Long-term relationship, short-term marriage,
> death
> Message-ID:
> <CAEkNtQ3MPF=S28=E-t88D4u0K2F2v64eqFxkrkCaAUaoqH=
> GEg at mail.gmail.com>
> Content-Type: text/plain; charset="utf-8"
>
> i am no pro, but here are my thoughts They're definitely a CIR couple and
> as such the SS has a non-probate claim as to half. Under the Intestacy
> statute I think, I'd look this up, but the heirs may have an interest if
> the property is characterized as separate property I think the SS would get
> 3/4 interest and if the parents are dead the sibs have a 1/4 interest and
> would be entitled to notice. Kind of tricky. If the property is
> characterized as community property it all goes to the SS. 41 years is a
> long time there's probably a lot of commingling going on there.
>
> On Tue, Aug 22, 2017 at 3:15 PM, Lisa E Schuchman <lisa at lisaschuchman.com>
> wrote:
>
> > A client lived with his domestic partner for 44 years, and they married
> > less than a year ago. The partner bought a house a few years before they
> > started to live together and died recently without a will. The closest
> > blood relatives are siblings. I think that the house is community
> property
> > and the surviving spouse is entitled to the entire estate, which is
> mostly
> > the house. Does anyone disagree? Either way, are the siblings entitled
> to
> > notice?
> >
> >
> >
> > Thanks,
> >
> >
> >
> > Lisa E. Schuchman
> > 206-960-4212 <(206)%20960-4212>
> > www.lisaschuchman.com
> >
> > I learn, I give. ? Gloria Steinem
> >
> >
> >
> > 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.
> >
> >
> >
> > Any tax advice included in this document and its attachments was not
> > intended or written to be used, and it cannot be used, for the purpose of
> > avoiding penalties under the Internal Revenue Code.
> >
> > P *Please consider the trees before printing this document*
> >
> >
> >
> > _______________________________________________
> > WSBAPT mailing list
> > WSBAPT at lists.wsbarppt.com
> > http://mailman.fsr.com/mailman/listinfo/wsbapt
> >
>
>
>
> --
> *************************************************
> Jayne Marsh Gilbert
> Gilbert and Gilbert Lawyers, PS
> (360) 336-9515
> *************************************************
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> ------------------------------
>
> Message: 4
> Date: Wed, 23 Aug 2017 09:05:53 -0700
> From: "Mike Winslow" <mike at winslegal.com>
> To: "'WSBA Probate & Trust Listserv'" <wsbapt at lists.wsbarppt.com>
> Subject: Re: [WSBAPT] Long-term relationship, short-term marriage,
> death
> Message-ID: <003f01d31c29$b2cea3c0$186beb40$@winslegal.com>
> Content-Type: text/plain; charset="us-ascii"
>
> You will need to give notice to the heirs at law. The spouse will need to
> file a TEDRA petition to establish her claim; it's not automatic. You could
> discuss further with Karolyn Hicks at Stokes Lawrence. She has litigated
> this before. She also recently assisted a client of mine with this very
> issue. Call me for more details. This is too involved to post on the list.
>
> Michael A. Winslow
> 1204 Cleveland Ave.
> Mount Vernon, WA 98273
> Ph. 360-336-3321
> Em. Mike at winslegal.com
>
> This message is from an attorney, so it's confidential. 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.
>
> From: wsbapt-bounces at lists.wsbarppt.com
> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Lisa E Schuchman
> Sent: Tuesday, August 22, 2017 3:16 PM
> To: WSBA Probate & Trust Listserv
> Subject: [WSBAPT] Long-term relationship, short-term marriage, death
>
> A client lived with his domestic partner for 44 years, and they married
> less
> than a year ago. The partner bought a house a few years before they
> started
> to live together and died recently without a will. The closest blood
> relatives are siblings. I think that the house is community property and
> the surviving spouse is entitled to the entire estate, which is mostly the
> house. Does anyone disagree? Either way, are the siblings entitled to
> notice?
>
> Thanks,
>
> Lisa E. Schuchman
> 206-960-4212
> www.lisaschuchman.com <http://www.lisaschuchman.com/>
>
> I learn, I give. - Gloria Steinem
>
> 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.
>
> Any tax advice included in this document and its attachments was not
> intended or written to be used, and it cannot be used, for the purpose of
> avoiding penalties under the Internal Revenue Code.
> P Please consider the trees before printing this document
>
> -------------- next part --------------
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>
> ------------------------------
>
> Message: 5
> Date: Wed, 23 Aug 2017 09:44:16 -0700 (Pacific Daylight Time)
> From: "jacyphers at gmail.com" <jacyphers at gmail.com>
> To: "Probate List Serve" <wsbapt at lists.wsbarppt.com>
> Subject: [WSBAPT] Recommendations for Medical Care Manager in Kirkland
> - Second Request
> Message-ID: <599DB0E0.000816.40076 at JACKIENEWPC>
> Content-Type: text/plain; charset="iso-8859-1"
>
> Reposting this since I received no response to the first post.
>
> Does anyone have recommendations for a medical care manager in Kirkland or
> the general area?
> Client is age 91 and a widow. She has heart problems. No children. Closest
> relative and POA is nephew in Los Angeles. He has no medical background.
> She lives in a retirement home in Kirkland and is on independent living.
> The
> facility has assisted living but after living there for 7 years and
> observing, she has no faith in their assisted living. So she is looking for
> someone with medical knowledge to assist her and protect her interests.
> She has all her estate planning documents already in place. What she needs
> to a care manager to assist her with the medical side of things.
>
>
> Jackie Cyphers
> Jeannette A. Cyphers, Attorney at Law
> P. O. Box 908
> Edmonds, WA 98020-0908
> 425-776-5887
> fax 425-640-0814
> jacyphers at gmail.com
>
> We do not use encrypted email so this message is not secure and may not be
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> ------------------------------
>
> Message: 6
> Date: Wed, 23 Aug 2017 16:51:33 +0000
> From: Glenn Price <glenn at pricefarrington.com>
> To: "WSBA Probate & Trust Listserv (wsbapt at lists.wsbarppt.com)"
> <wsbapt at lists.wsbarppt.com>
> Subject: [WSBAPT] FW: Seller Disclosure Form
> Message-ID:
> <MWHPR2001MB11356B6736A0276601D1D81CA4850 at MWHPR2001MB1135.
> namprd20.prod.outlook.com>
>
> Content-Type: text/plain; charset="us-ascii"
>
>
>
> From: Charles Farrington
> Sent: Wednesday, August 23, 2017 9:50 AM
> To: Glenn Price
> Subject: FW: [WSBAPT] Seller Disclosure Form
>
>
>
>
> There is no explicit waiver for a Trustee but always get buyer to waive.
> Or just put "I don't know" if they don't waive...
> Charles P. Farrington, J.D., LL.M.
> Price & Farrington, PLLC
> Attorneys and Counselors at Law
> Parkwood Office Center
> 2370 130th Avenue N.E., Suite 103
> Bellevue, Washington 98005
> Phone: 425.451.3583 Facsimile: 425.522.4818
> Email: charles at pricefarrington.com<mailto:charles at pricefarrington.com>
> Home page: www.pricefarrington.com<http://www.pricefarrington.com/>
> Estate, Tax, Retirement and Asset Protection Planning
> This e-mail and any attachment is intended solely for the use of the
> addressee(s) and is privileged and confidential within the attorney-client
> privilege. If you have received this e-mail in error, please notify the
> sender immediately and delete all copies of this e-mail message and any
> attachment.
>
> From: Kristin Reeder [mailto:kristin at klrlaw.net]
> Sent: Wednesday, August 23, 2017 9:25 AM
> To: Charles Farrington <charles at pricefarrington.com<mailto:charles@
> pricefarrington.com>>; Glenn Price <glenn at pricefarrington.com<mailto:
> glenn at pricefarrington.com>>
> Subject: FW: [WSBAPT] Seller Disclosure Form
>
> I've always told Trustees they're exempt from disclosing but a lot of
> people on the 'serv are not agreeing.
>
> Law Office of Kristin Lillquist Reeder, PLLC
> PARKWOOD OFFICE CENTER
> 2370 130TH Ave. NE #103
> Bellevue, WA 98005
> (425) 861-1109 ph.
> (425) 882-0313 fax
> www.KLRlaw.net<http://www.KLRlaw.net>
>
> This message is intended for the sole use of the individual and entity to
> whom it is addressed, and may contain information that is privileged,
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>
> From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces@
> lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf
> Of Eric Nelsen
> Sent: Tuesday, August 22, 2017 11:19 AM
> To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:
> wsbapt at lists.wsbarppt.com>>
> Subject: Re: [WSBAPT] Seller Disclosure Form
>
> Dalynne - RCW 64.06.010(6)<http://app.leg.wa.gov/RCW/default.aspx?cite=
> 64.06&full=true#64.06.010>.
>
> Jeff - Re trustee of RLT, I think that the statute does not exempt the
> Trustee from Form 17 even though it's most likely going to be almost all "I
> don't know." Or, could put in explicit waiver of Form 17 in the contract,
> per RCW 64.06.010(7).
>
> 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@
> lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf
> Of Dalynne Singleton
> Sent: Tuesday, August 22, 2017 10:59 AM
> To: WSBA Probate & Trust Listserv
> Subject: [WSBAPT] Seller Disclosure Form
>
> What basis do you opine that the PR does not need to execute a Form 17?
> Is there a case on point? I'm getting ready to sell a home/land in
> Belfair, WA...
>
> 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>
>
> LICENSED IN WASHINGTON AND OREGON
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>
> From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces@
> lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf
> Of jeffrey winter
> Sent: Tuesday, August 22, 2017 10:50 AM
> To: wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>
> Subject: [WSBAPT] Seller Disclosure Form
>
>
> Listmates,
>
>
>
> In the past, I have not had my PRs execute a Seller Disclosure form when
> selling real estate from a probate as is my understanding that the PR is
> not obligated to do so.
>
>
>
> Question: Is the successor trustee of a revocable living trust obligated
> to complete the form when selling from a revocable living trust where the
> trustor is deceased?
>
>
>
> Jeff Winter
>
>
>
> Law Office of Jeffrey D. Winter, P.S.
>
> 604 North Main Street
>
> Ellensburg, WA 98926
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>
> ------------------------------
>
> Message: 7
> Date: Wed, 23 Aug 2017 18:10:45 +0000
> From: Mark Vohr <mcv at ohanafc.com>
> To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> Subject: Re: [WSBAPT] Recommendations for Medical Care Manager in
> Kirkland - Second Request
> Message-ID:
> <5A15CEF1BD64974E93535F28F1B1E04E1883286F at OHANA100.ofcdomain.
> local>
> Content-Type: text/plain; charset="us-ascii"
>
> Jackie - I can recommend Aging Wisdom.
> http://agingwisdom.com/
> SEATTLE: 206-456-5155
> BELLEVUE: 425-894-9100
>
> Mark
>
>
>
> Ohana Fiduciary Corp.
> Ohana Financial Services
>
> Mark C. Vohr, J.D., CPG, Principal
> PO Box 33710 Seattle, WA 98133
> T: (206) 782-1189 F: (206) 782-1434
> mcv at ohanafc.com<mailto:mcv at ohanafc.com> www.ohanafc.com<http://www.
> ohanafc.com/>
>
>
>
>
> From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.
> wsbarppt.com] On Behalf Of jacyphers at gmail.com
> Sent: Wednesday, August 23, 2017 9:44 AM
> To: Probate List Serve <wsbapt at lists.wsbarppt.com>
> Subject: [WSBAPT] Recommendations for Medical Care Manager in Kirkland -
> Second Request
>
> Reposting this since I received no response to the first post.
>
>
> Does anyone have recommendations for a medical care manager in Kirkland or
> the general area?
>
> Client is age 91 and a widow. She has heart problems. No children. Closest
> relative and POA is nephew in Los Angeles. He has no medical background.
>
> She lives in a retirement home in Kirkland and is on independent living.
> The facility has assisted living but after living there for 7 years and
> observing, she has no faith in their assisted living. So she is looking for
> someone with medical knowledge to assist her and protect her interests.
>
> She has all her estate planning documents already in place. What she needs
> to a care manager to assist her with the medical side of things.
>
>
> Jackie Cyphers
> Jeannette A. Cyphers, Attorney at Law
> P. O. Box 908
> Edmonds, WA 98020-0908
> 425-776-5887
> fax 425-640-0814
> jacyphers at gmail.com<mailto:jacyphers at gmail.com>
>
> We do not use encrypted email so this message is not secure and may not be
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> ------------------------------
>
> Message: 8
> Date: Wed, 23 Aug 2017 18:54:10 +0000
> From: "Jared E. Adams" <jared at condieadams.com>
> To: "wsbapt at lists.wsbarppt.com" <wsbapt at lists.wsbarppt.com>
> Subject: [WSBAPT] Small Bequest to Lost Heir
> Message-ID:
> <CO1PR17MB077368F4104F1AF14292BE1CBD850 at CO1PR17MB0773.
> namprd17.prod.outlook.com>
>
> Content-Type: text/plain; charset="us-ascii"
>
> Greetings All!
>
> I am representing the PR of an estate with a long-lost beneficiary. The
> Will leaves a very modest cash bequest to this missing beneficiary. Nobody
> knows where the beneficiary is, or if he is alive or dead. Any reasonable
> attempt to locate the beneficiary would likely cost more than the amount of
> the bequest.
> Has anyone dealt with this type of situation before? Any recommendations?
> Thanks!
>
> Jared
>
>
>
> Jared E. Adams, JD, LL.M.
>
> Condie & Adams, PLLC
> 611 4th Avenue, Suite A
> Kirkland, WA 98033
> (voice): (425) 450-1040
> (fax): (425) 450-1041
> (email): jared at condieadams.com<mailto:jared at condieadams.com>
> (web): www.condieadams.com<http://www.condieadams.com/>
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> End of WSBAPT Digest, Vol 35, Issue 25
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