[WSBAPT] Trusting lawyers ...
Lisa E Schuchman
lisa at lisaschuchman.com
Wed Aug 30 11:40:46 PDT 2017
Carmen,
I was joking when I said that, but yes, tongue in cheek. I’m sure we all have people we do and don’t trust, if we’re paying attention.
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
From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Carmen Rowe
Sent: Wednesday, August 30, 2017 11:14 AM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Trusting lawyers ...
I don't know if the queries about there really being people - or lawyers - that don't trust lawyers were serious or tongue in cheek.
But ... perhaps the fact I considered a tongue in cheek comment to at least be possible will clue you in as to my answer ... no, I don't trust all lawyers. Have, sadly, the experience to validate such caution.
That said - once you work with someone a bit you usually have a sufficient read, as the ones I simply don't trust (or did trust to my/my client's detriment) tend to have certain flags or history within the general case/dealings, and are, luckily, very rare.
Carmen Rowe, Attorney
[https://docs.google.com/uc?export=download&id=0B-SsegebS6iBQmkwSkhNWFdCaWM&revid=0B-SsegebS6iBSWFDWVhkc3B3MURTV3h6QUR4OXJQUnhrRVp3PQ]
Phone: (360) 669-3576 (direct cell)
Email: Carmen at GryphonLawGroup.com<mailto:Carmen at GryphonLawGroup.com>
Mailing address: 1673 S. Market Blvd. #202, Chehalis, WA 98532
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Today's Topics:
1. Receipts for distribution from estate (J Richard McEntee, Jr.)
2. Re: Receipts for distribution from estate (Lisa E Schuchman)
3. Re: How to Insure Surviving Spouse Share with Deceased Spouse
Child (Ms. Roberta Armstrong)
4. Re: Receipts for distribution from estate (Teunis J. Wyers)
5. Re: Receipts for distribution from estate (Paul Neumiller)
6. Re: Receipts for distribution from estate (Heather deVrieze)
7. EIN change of executor (Dalynne Singleton)
8. Re: EIN change of executor (jacyphers at gmail.com<mailto:jacyphers at gmail.com>)
9. OFAC Sanction Counsel (Orr, Heidi)
10. Re: Receipts for distribution from estate (Lisa E Schuchman)
11. Re: Receipts for distribution from estate (Douglas Bratt)
12. Re: Receipts for distribution from estate (Heather deVrieze)
13. Re: Receipts for distribution from estate (Donna Calf Robe)
14. case manager/care coordinator (Goffe, Wendy S.)
15. Re: Receipts for distribution from estate (Lisa E Schuchman)
16. Re: case manager/care coordinator (Barbara Byram)
17. Modifying Beneficiaries of an Irrevocable Trust (David Faber)
18. Re: case manager/care coordinator (Mark Vohr)
19. discretionary trust funding (Krista MacLaren)
20. Re: discretionary trust funding (Mark Vohr)
21. Re: Modifying Beneficiaries of an Irrevocable Trust (Doug Owens)
----------------------------------------------------------------------
Message: 1
Date: Mon, 28 Aug 2017 12:31:36 -0700
From: "J Richard McEntee, Jr." <jrmcentee at gmail.com<mailto:jrmcentee at gmail.com>>
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] Receipts for distribution from estate
Message-ID: <027CF736-F406-443D-9C0B-04982838CA6D at gmail.com<mailto:027CF736-F406-443D-9C0B-04982838CA6D at gmail.com>>
Content-Type: text/plain; charset="us-ascii"
Hello listmates
I recently filed a petition for decree of distribution. Following a hearing on my petition, I obtained an order discharging the PR upon filing of receipts from each of the heirs and beneficiaries. Can someone share with me the process by which you typically send checks and receipts to heirs? I am thinking that I would use regular mail and enclose the check, a receipt, and a stamped return envelope along with a cautionary letter that the beneficiary is not authorized to cash or deposit the check until such time as they have signed and returned the receipt? Are there other better ways to handle this such that I am likely to receive the receipts back?
Rich
RICH McENTEE
McENTEE LAW OFFICE
3800 Bridgeport Way W, Ste A411
University Place, WA 98466
253.227.9894<tel:253.227.9894>(m)
jrmcentee at gmail.com<mailto:jrmcentee at gmail.com>
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Message: 2
Date: Mon, 28 Aug 2017 19:41:51 +0000
From: Lisa E Schuchman <lisa at lisaschuchman.com<mailto:lisa at lisaschuchman.com>>
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Receipts for distribution from estate
Message-ID:
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Rich,
When possible, I send Receipts out for signature and send checks only after I receive the Receipt. If heirs are local, I will arrange for an in-person exchange. On occasion I have relied on an endorsement on a check as proof of receipt.
Lisa E. Schuchman
206-960-4212<tel:206-960-4212>
www.lisaschuchman.com<http://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
From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>] On Behalf Of J Richard McEntee, Jr.
Sent: Monday, August 28, 2017 12:32 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] Receipts for distribution from estate
Hello listmates
I recently filed a petition for decree of distribution. Following a hearing on my petition, I obtained an order discharging the PR upon filing of receipts from each of the heirs and beneficiaries. Can someone share with me the process by which you typically send checks and receipts to heirs? I am thinking that I would use regular mail and enclose the check, a receipt, and a stamped return envelope along with a cautionary letter that the beneficiary is not authorized to cash or deposit the check until such time as they have signed and returned the receipt? Are there other better ways to handle this such that I am likely to receive the receipts back?
Rich
RICH McENTEE
McENTEE LAW OFFICE
3800 Bridgeport Way W, Ste A411
University Place, WA 98466
253.227.9894<tel:253.227.9894>(m)
jrmcentee at gmail.com<mailto:jrmcentee at gmail.com><mailto:jrmcentee at gmail.com<mailto:jrmcentee at gmail.com>>
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Message: 3
Date: Mon, 28 Aug 2017 12:52:15 -0700
From: "Ms. Roberta Armstrong" <robertaa at uw.edu<mailto:robertaa at uw.edu>>
To: "WSBA Probate & Trust Listserv" <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>,
elder-law-section at list.wsba.org<mailto:elder-law-section at list.wsba.org>
Subject: Re: [WSBAPT] How to Insure Surviving Spouse Share with
Deceased Spouse Child
Message-ID:
<CAMfCbay1Wn6A7Tfp0nvz25vOrJHL+m3Sj1EZ8824yPA1SU__Pw at mail.gmail.com<mailto:CAMfCbay1Wn6A7Tfp0nvz25vOrJHL%2Bm3Sj1EZ8824yPA1SU__Pw at mail.gmail.com>>
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Hello again Listserve,
Thank you for all the replies.
I considered a will that creates a testamentary trust. But that will only
have authority over the first deceased spouse's portion of the estate, not
the complete joint community estate at date of death.
It appears that this couple wants the surviving spouse to have full use and
enjoyment of the joint estate, but they also believe the surviving spouse
should continue their joint venture to produce a greater estate that
eventually Both children should share equally from (not have the surviving
child of the first deceased spouse only enjoy their portion of the joint
community value at their date of death).
This is because the couple is currently in a legal battle over the value of
a large piece of waterfront property which they do not anticipate will
be resolved for some years. And if one of the spouses dies during the
litigation, their child will not realize the true value of the asset (if
the surviving spouse is successful in continuing their case, of course)
because the property will be valued as of the date of the first spouse's
death (less than 30% of its "true" fair market value)..
Perhaps the first deceased spouse's community value can be considered as
investment capital/funding in the remaining life of the surviving spouse
which most likely will be used to continue the litigation... Or am I over
thinking this...?
Thank you.
Roberta
On Mon, Aug 28, 2017 at 10:32 AM, Ms. Roberta Armstrong <robertaa at uw.edu<mailto:robertaa at uw.edu>>
wrote:
> Good Morning Listserv!
>
> H and W of 40 years. H is 15 years older than W. Both are in good health,
> but frequently travel out of the country.
> Many assets (mostly rental properties) of ~$2.5 million in value, all
> community property.
> Each spouse has a child prior to marriage, Child1 (H) and Child2 (W).
> They would like to do an estate plan where when the first spouse dies the
> other spouse has unrestricted use of the joint estate but upon the passing
> of the last spouse, the remaining joint estate goes equally to Both
> children.
> They do not want long term medical planning. They want to insure that the
> surviving spouse's (if they were to remarry) new spouse does not inherit
> anything from the joint estate.
>
> My question is what is the best vehicle to insure the surviving spouse
> shares equally with the two children, specifically not disinherit the prior
> deceased spouse's child?
>
> Thank you in advance.
>
> Roberta
>
>
> --
> *Creator of the first on-line Indian Will Production System - CHECK OUT *
> *www.NativeWill.org<http://www.NativeWill.org>* <http://www.nativewill.org/>
>
> *Ms. Roberta Armstrong*
>
> Washington State Bar Association No. 42343
>
> Founder and Executive Director
>
> Stewards of Indigenous Resources Endowment,
>
> *a Non-Profit Professional Service Corporation *
>
> P O Box 2248
>
> Yelm, WA 98597
>
>
>
> 425.737.5448<tel:425.737.5448> <(425)%20737-5448> | Direct
>
> 866.227.6651<tel:866.227.6651> <(866)%20227-6651> | Fax
>
>
>
> Roberta at IndianWillsOnWheels.org<mailto:Roberta at IndianWillsOnWheels.org>
> www.IndianWillsOnWheels.org<http://www.IndianWillsOnWheels.org>
>
> Please note that the contents of this e-mail message are confidential and
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>
--
*Creator of the first on-line Indian Will Production System - CHECK OUT *
*www.NativeWill.org<http://www.NativeWill.org>* <http://www.nativewill.org/>
*Ms. Roberta Armstrong*
Washington State Bar Association No. 42343
Founder and Executive Director
Stewards of Indigenous Resources Endowment,
*a Non-Profit Professional Service Corporation *
P O Box 2248
Yelm, WA 98597
425.737.5448<tel:425.737.5448> | Direct
866.227.6651<tel:866.227.6651> | Fax
Roberta at IndianWillsOnWheels.org<mailto:Roberta at IndianWillsOnWheels.org>
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Please note that the contents of this e-mail message are confidential and
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Message: 4
Date: Mon, 28 Aug 2017 13:05:44 -0700
From: "Teunis J. Wyers" <teunisj at wyerslawpc.com<mailto:teunisj at wyerslawpc.com>>
To: "WSBA Probate & Trust Listserv" <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Receipts for distribution from estate
Message-ID:
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What you propose, Rich, is exactly the way we normally handle this
situation.
On Mon, Aug 28, 2017 at 12:31 PM, J Richard McEntee, Jr. <
jrmcentee at gmail.com<mailto:jrmcentee at gmail.com>> wrote:
> Hello listmates
>
> I recently filed a petition for decree of distribution. Following a
> hearing on my petition, I obtained an order discharging the PR upon filing
> of receipts from each of the heirs and beneficiaries. Can someone share
> with me the process by which you typically send checks and receipts to
> heirs? I am thinking that I would use regular mail and enclose the check, a
> receipt, and a stamped return envelope along with a cautionary letter that
> the beneficiary is not authorized to cash or deposit the check until such
> time as they have signed and returned the receipt? Are there other better
> ways to handle this such that I am likely to receive the receipts back?
>
> Rich
>
>
> *RICH McENTEE*
> *McENTEE LAW OFFICE*
> 3800 Bridgeport Way W, Ste A411
> University Place, WA 98466
> 253.227.9894<tel:253.227.9894> <(253)%20227-9894>(m)
> jrmcentee at gmail.com<mailto:jrmcentee at gmail.com>
>
>
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--
Teunis J. Wyers @ Wyers|Wyers, Attorneys
Oregon Office:
216 Columbia St. - P.O. Box 917
Hood River, OR 97031
(541)386-2210<tel:%28541%29386-2210>/610-1520 (fax)
Washington Office:
218 E. Steuben St. - P. O. Box 421
Bingen, WA 98605
(509) 493-2772<tel:%28509%29%20493-2772>/493-2406 (fax)
Email: teunisj at wyerslawpc.com<mailto:teunisj at wyerslawpc.com>
Web: www.wyerslawpc.com<http://www.wyerslawpc.com>
NOTICE: This email (including any attachments) is covered by the
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Message: 5
Date: Mon, 28 Aug 2017 20:26:38 +0000
From: Paul Neumiller <pneumiller at hotmail.com<mailto:pneumiller at hotmail.com>>
To: "'WSBA Probate & Trust Listserv'" <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Receipts for distribution from estate
Message-ID:
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?cautionary letter that the beneficiary is not authorized to cash or deposit the check until such time as they have signed and returned the receipt??
Does anyone have a sample of such a letter that he or she would be willing to post?
[cid:image001.jpg at 01D32001.44388FD0]
From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>] On Behalf Of Teunis J. Wyers
Sent: Monday, August 28, 2017 1:06 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Receipts for distribution from estate
What you propose, Rich, is exactly the way we normally handle this situation.
On Mon, Aug 28, 2017 at 12:31 PM, J Richard McEntee, Jr. <jrmcentee at gmail.com<mailto:jrmcentee at gmail.com><mailto:jrmcentee at gmail.com<mailto:jrmcentee at gmail.com>>> wrote:
Hello listmates
I recently filed a petition for decree of distribution. Following a hearing on my petition, I obtained an order discharging the PR upon filing of receipts from each of the heirs and beneficiaries. Can someone share with me the process by which you typically send checks and receipts to heirs? I am thinking that I would use regular mail and enclose the check, a receipt, and a stamped return envelope along with a cautionary letter that the beneficiary is not authorized to cash or deposit the check until such time as they have signed and returned the receipt? Are there other better ways to handle this such that I am likely to receive the receipts back?
Rich
RICH McENTEE
McENTEE LAW OFFICE
3800 Bridgeport Way W, Ste A411
University Place, WA 98466
253.227.9894<tel:253.227.9894><tel:(253)%20227-9894>(m)
jrmcentee at gmail.com<mailto:jrmcentee at gmail.com><mailto:jrmcentee at gmail.com<mailto:jrmcentee at gmail.com>>
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http://mailman.fsr.com/mailman/listinfo/wsbapt
--
Teunis J. Wyers @ Wyers|Wyers, Attorneys
Oregon Office:
216 Columbia St. - P.O. Box 917
Hood River, OR 97031
(541)386-2210<tel:%28541%29386-2210>/610-1520 (fax)
Washington Office:
218 E. Steuben St. - P. O. Box 421
Bingen, WA 98605
(509) 493-2772/493-2406 (fax)
Email: teunisj at wyerslawpc.com<mailto:teunisj at wyerslawpc.com><mailto:teunisj at wyerslawpc.com<mailto:teunisj at wyerslawpc.com>>
Web: www.wyerslawpc.com<http://www.wyerslawpc.com><http://www.wyerslawpc.com>
NOTICE: This email (including any attachments) is covered by the Electronic Communications Privacy Act (EPCA), 18 U.S.C., Sec. 2510 - 2522, is confidential and privileged. This email is solely for the personal and confidential use of the recipient(s) named above. Receipt by anyone other than the individual recipient(s) is NOT a waiver of attorney-client privilege. Any violation of the ECPA is subject to the penalties stated therein. If you have received this message in error, please notify me immediately by reply e-mail and immediately delete the original message.
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Message: 6
Date: Mon, 28 Aug 2017 21:21:00 +0000
From: Heather deVrieze <heatherd at westseattlelaw.com<mailto:heatherd at westseattlelaw.com>>
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Receipts for distribution from estate
Message-ID:
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I know Lisa is not alone in requesting signed receipts before distributing funds, so it must work, but. . .
I would be unlikely personally to sign such a receipt, and generally advise any beneficiary seeking my advice that they better be darn sure they trust the Personal Representative and their attorney because what would be their recourse if the check never arrives.
I have a few ways I handle final receipts, and some of them require beneficiaries to sign something ahead of getting their check, but, never a receipt before they have the check in hand.
I also find that if you have a decree of distribution that specifies amounts, and you have a cancelled check (perhaps with "in full distribution Sally Smith Estate") for that amount, there isn't any argument that the distributions weren't made.
Heather
Heather S. de Vrieze
Attorney-at-Law
[cid:image001.jpg at 01D013C2.30F35160]
3909 California Avenue SW
Seattle, WA 98116-3705
(206)938-5500
heatherd at westseattlelaw.com<mailto:heatherd at westseattlelaw.com><mailto:heatherd at westseattlelaw.com<mailto:heatherd at westseattlelaw.com>>
www.westseattlelaw.com<http://www.westseattlelaw.com><http://www.westseattlelaw.com/>
Click here to connect with de Vrieze | Carney on Facebook: [FB Logo] <https://www.facebook.com/DeVriezeCarney>
CONFIDENTIAL & PRIVILEGED. This e-mail message may contain legally privileged and/or confidential information. 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: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>] On Behalf Of Lisa E Schuchman
Sent: Monday, August 28, 2017 12:42 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Receipts for distribution from estate
Rich,
When possible, I send Receipts out for signature and send checks only after I receive the Receipt. If heirs are local, I will arrange for an in-person exchange. On occasion I have relied on an endorsement on a check as proof of receipt.
Lisa E. Schuchman
206-960-4212
www.lisaschuchman.com<http://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
From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com><mailto:wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> [mailto:wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>] On Behalf Of J Richard McEntee, Jr.
Sent: Monday, August 28, 2017 12:32 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com><mailto:wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>>
Subject: [WSBAPT] Receipts for distribution from estate
Hello listmates
I recently filed a petition for decree of distribution. Following a hearing on my petition, I obtained an order discharging the PR upon filing of receipts from each of the heirs and beneficiaries. Can someone share with me the process by which you typically send checks and receipts to heirs? I am thinking that I would use regular mail and enclose the check, a receipt, and a stamped return envelope along with a cautionary letter that the beneficiary is not authorized to cash or deposit the check until such time as they have signed and returned the receipt? Are there other better ways to handle this such that I am likely to receive the receipts back?
Rich
RICH McENTEE
McENTEE LAW OFFICE
3800 Bridgeport Way W, Ste A411
University Place, WA 98466
253.227.9894(m)
jrmcentee at gmail.com<mailto:jrmcentee at gmail.com><mailto:jrmcentee at gmail.com<mailto:jrmcentee at gmail.com>>
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------------------------------
Message: 7
Date: Mon, 28 Aug 2017 21:44:23 +0000
From: Dalynne Singleton <dalynne at glgmail.com<mailto:dalynne at glgmail.com>>
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] EIN change of executor
Message-ID:
<CY1PR12MB0603F47EA6B04828E401A93DA59E0 at CY1PR12MB0603.namprd12.prod.outlook.com<mailto:CY1PR12MB0603F47EA6B04828E401A93DA59E0 at CY1PR12MB0603.namprd12.prod.outlook.com>>
Content-Type: text/plain; charset="us-ascii"
I have been on hold with IRS for over an hour!
Does anyone know how I notify the IRS (form or otherwise) to change name of executor, address and corresponding SSN for new executor?
Thanks.
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><mailto:dalynne at glgmail.com<mailto:dalynne at glgmail.com>>
LICENSED IN WASHINGTON AND OREGON
IMPORTANT/CONFIDENTIAL: This e-mail message (and any attachments accompanying it) may contain confidential information, including information protected by attorney-client privilege. The information is intended only for the use of the intended recipient(s). Delivery of this message to anyone other than the intended recipient(s) is not intended to waive any privilege or otherwise detract from the confidentiality of the message. If you are not the intended recipient, or if this message has been addressed to you in error, do not read, disclose, reproduce, distribute, disseminate or otherwise use this transmission, rather, please promptly notify the sender by reply e-mail, and then destroy all copies of the message and its attachments, if any.
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------------------------------
Message: 8
Date: Mon, 28 Aug 2017 14:53:08 -0700 (Pacific Daylight Time)
From: "jacyphers at gmail.com<mailto:jacyphers at gmail.com>" <jacyphers at gmail.com<mailto:jacyphers at gmail.com>>
To: "Probate List Serve" <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] EIN change of executor
Message-ID: <59A490C4.000F24.40076 at JACKIENEWPC<mailto:59A490C4.000F24.40076 at JACKIENEWPC>>
Content-Type: text/plain; charset="utf-8"
Try IRS Form 56.
? ? ? ?
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
protected by attorney client privilege. NOTE: This email address is NOT
monitored 24/7. If your matter requires prompt attention please call our
offices during business hours so we can discuss it with you and also discuss
timing.
This e-mail is intended for the exclusive use of the person or persons to
whom it is addressed. The Electronic Communications Privacy Act, 18 USC
Sections 2510-2521 applies to this e-mail. Unauthorized review of
distribution is strictly prohibited. If you are not the intended recipient,
please contact the sender by phone or reply e-mail. Do not disseminate this
e-mail and destroy the original e-mail and any copies.
-------Original Message-------
From: Dalynne Singleton
Date: 8/28/2017 2:48:51 PM
To: WSBA Probate & Trust Listserv
Subject: [WSBAPT] EIN change of executor
I have been on hold with IRS for over an hour!
Does anyone know how I notify the IRS (form or otherwise) to change name of
executor, address and corresponding SSN for new executor?
Thanks.
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
IMPORTANT/CONFIDENTIAL: This e-mail message (and any attachments
accompanying it) may contain confidential information, including information
protected by attorney-client privilege. The information is intended only for
the use of the intended recipient(s). Delivery of this message to anyone
other than the intended recipient(s) is not intended to waive any privilege
or otherwise detract from the confidentiality of the message. If you are
not the intended recipient, or if this message has been addressed to you in
error, do not read, disclose, reproduce, distribute, disseminate or
otherwise use this transmission, rather, please promptly notify the sender
by reply e-mail, and then destroy all copies of the message and its
attachments, if any.
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------------------------------
Message: 9
Date: Mon, 28 Aug 2017 22:04:01 +0000
From: "Orr, Heidi" <OrrH at LanePowell.com<mailto:OrrH at LanePowell.com>>
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] OFAC Sanction Counsel
Message-ID:
<1F2D42137DC08A469066EF977D30D8FF043B5836 at SEA02M1.LPSL.com<mailto:1F2D42137DC08A469066EF977D30D8FF043B5836 at SEA02M1.LPSL.com>>
Content-Type: text/plain; charset="us-ascii"
We are administering an estate that has three beneficiaries who reside in a country on the OFAC sanction list. We would appreciate any referrals to sanction counsel to advise/assist on distributions to these beneficiaries.
Thank you,
Heidi
[http://www.lanepowell.com/wp-content/uploads/LP_Email_Logo.png]
HEIDI L. G. ORR
Shareholder Bio<http://www.lanepowell.com/2558/heidi-orr/> | vCard<http://www.lanepowell.com/wp-content/uploads/OrrH.vcf>
orrh at lanepowell.com<mailto:orrh at lanepowell.com><mailto:OrrH at LanePowell.com<mailto:OrrH at LanePowell.com>>
1420 5th Avenue, Suite 4200
Seattle, Washington 98111-9402
D 206.223.7742 F 206.223.7107
LANEPOWELL.COM<http://LANEPOWELL.COM>
<http://www.lanepowell.com/>
________________________________
This message is private or privileged. If you are not the person for whom this message is intended, please delete it and notify me immediately, and please do not copy or send this message to anyone else.
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------------------------------
Message: 10
Date: Mon, 28 Aug 2017 22:38:19 +0000
From: Lisa E Schuchman <lisa at lisaschuchman.com<mailto:lisa at lisaschuchman.com>>
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Receipts for distribution from estate
Message-ID:
<CY4PR1601MB1302ED7A5C21360CEDE534A9D19E0 at CY4PR1601MB1302.namprd16.prod.outlook.com<mailto:CY4PR1601MB1302ED7A5C21360CEDE534A9D19E0 at CY4PR1601MB1302.namprd16.prod.outlook.com>>
Content-Type: text/plain; charset="us-ascii"
Heather, are there really people who don't trust lawyers?
Lisa E. Schuchman
206-960-4212
www.lisaschuchman.com<http://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
From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>] On Behalf Of Heather deVrieze
Sent: Monday, August 28, 2017 2:21 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Receipts for distribution from estate
I know Lisa is not alone in requesting signed receipts before distributing funds, so it must work, but. . .
I would be unlikely personally to sign such a receipt, and generally advise any beneficiary seeking my advice that they better be darn sure they trust the Personal Representative and their attorney because what would be their recourse if the check never arrives.
I have a few ways I handle final receipts, and some of them require beneficiaries to sign something ahead of getting their check, but, never a receipt before they have the check in hand.
I also find that if you have a decree of distribution that specifies amounts, and you have a cancelled check (perhaps with "in full distribution Sally Smith Estate") for that amount, there isn't any argument that the distributions weren't made.
Heather
Heather S. de Vrieze
Attorney-at-Law
[cid:image001.jpg at 01D013C2.30F35160]
3909 California Avenue SW
Seattle, WA 98116-3705
(206)938-5500
heatherd at westseattlelaw.com<mailto:heatherd at westseattlelaw.com><mailto:heatherd at westseattlelaw.com<mailto:heatherd at westseattlelaw.com>>
www.westseattlelaw.com<http://www.westseattlelaw.com><http://www.westseattlelaw.com/>
Click here to connect with de Vrieze | Carney on Facebook: [FB Logo] <https://www.facebook.com/DeVriezeCarney>
CONFIDENTIAL & PRIVILEGED. This e-mail message may contain legally privileged and/or confidential information. 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: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com><mailto:wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> [mailto:wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>] On Behalf Of Lisa E Schuchman
Sent: Monday, August 28, 2017 12:42 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com><mailto:wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>>
Subject: Re: [WSBAPT] Receipts for distribution from estate
Rich,
When possible, I send Receipts out for signature and send checks only after I receive the Receipt. If heirs are local, I will arrange for an in-person exchange. On occasion I have relied on an endorsement on a check as proof of receipt.
Lisa E. Schuchman
206-960-4212
www.lisaschuchman.com<http://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
From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com><mailto:wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> [mailto:wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>] On Behalf Of J Richard McEntee, Jr.
Sent: Monday, August 28, 2017 12:32 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com><mailto:wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>>
Subject: [WSBAPT] Receipts for distribution from estate
Hello listmates
I recently filed a petition for decree of distribution. Following a hearing on my petition, I obtained an order discharging the PR upon filing of receipts from each of the heirs and beneficiaries. Can someone share with me the process by which you typically send checks and receipts to heirs? I am thinking that I would use regular mail and enclose the check, a receipt, and a stamped return envelope along with a cautionary letter that the beneficiary is not authorized to cash or deposit the check until such time as they have signed and returned the receipt? Are there other better ways to handle this such that I am likely to receive the receipts back?
Rich
RICH McENTEE
McENTEE LAW OFFICE
3800 Bridgeport Way W, Ste A411
University Place, WA 98466
253.227.9894(m)
jrmcentee at gmail.com<mailto:jrmcentee at gmail.com><mailto:jrmcentee at gmail.com<mailto:jrmcentee at gmail.com>>
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------------------------------
Message: 11
Date: Mon, 28 Aug 2017 23:07:06 +0000
From: Douglas Bratt <djbratt at mbavancouverlaw.com<mailto:djbratt at mbavancouverlaw.com>>
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Receipts for distribution from estate
Message-ID:
<CE7DE311763C284CBA15D1B0B4122FAA026CAE5E2B at Server01.mbavancouverlaw.com<mailto:CE7DE311763C284CBA15D1B0B4122FAA026CAE5E2B at Server01.mbavancouverlaw.com>>
Content-Type: text/plain; charset="us-ascii"
More specifically - Are there really lawyers who don't trust all other lawyers?
Doug Bratt
Douglas J. Bratt
Lawyer
[Envelope scaled Terry]
Office: (360) 213-2040
Fax: (360) 213-2030
CONFIDENTIALITY NOTICE: This email message may contain confidential or privileged information. If you have received this message by mistake, please do not review, disclose, copy, or distribute the email. Instead, please notify us immediately by replying to this message or telephoning us. Thank you.
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.
From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>] On Behalf Of Lisa E Schuchman
Sent: Monday, August 28, 2017 3:38 PM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Receipts for distribution from estate
Heather, are there really people who don't trust lawyers?
Lisa E. Schuchman
206-960-4212
www.lisaschuchman.com<http://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
From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com><mailto:wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> [mailto:wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>] On Behalf Of Heather deVrieze
Sent: Monday, August 28, 2017 2:21 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com><mailto:wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>>
Subject: Re: [WSBAPT] Receipts for distribution from estate
I know Lisa is not alone in requesting signed receipts before distributing funds, so it must work, but. . .
I would be unlikely personally to sign such a receipt, and generally advise any beneficiary seeking my advice that they better be darn sure they trust the Personal Representative and their attorney because what would be their recourse if the check never arrives.
I have a few ways I handle final receipts, and some of them require beneficiaries to sign something ahead of getting their check, but, never a receipt before they have the check in hand.
I also find that if you have a decree of distribution that specifies amounts, and you have a cancelled check (perhaps with "in full distribution Sally Smith Estate") for that amount, there isn't any argument that the distributions weren't made.
Heather
Heather S. de Vrieze
Attorney-at-Law
[cid:image001.jpg at 01D013C2.30F35160]
3909 California Avenue SW
Seattle, WA 98116-3705
(206)938-5500
heatherd at westseattlelaw.com<mailto:heatherd at westseattlelaw.com><mailto:heatherd at westseattlelaw.com<mailto:heatherd at westseattlelaw.com>>
www.westseattlelaw.com<http://www.westseattlelaw.com><http://www.westseattlelaw.com/>
Click here to connect with de Vrieze | Carney on Facebook: [FB Logo] <https://www.facebook.com/DeVriezeCarney>
CONFIDENTIAL & PRIVILEGED. This e-mail message may contain legally privileged and/or confidential information. 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: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com><mailto:wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> [mailto:wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>] On Behalf Of Lisa E Schuchman
Sent: Monday, August 28, 2017 12:42 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com><mailto:wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>>
Subject: Re: [WSBAPT] Receipts for distribution from estate
Rich,
When possible, I send Receipts out for signature and send checks only after I receive the Receipt. If heirs are local, I will arrange for an in-person exchange. On occasion I have relied on an endorsement on a check as proof of receipt.
Lisa E. Schuchman
206-960-4212
www.lisaschuchman.com<http://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
From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com><mailto:wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> [mailto:wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>] On Behalf Of J Richard McEntee, Jr.
Sent: Monday, August 28, 2017 12:32 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com><mailto:wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>>
Subject: [WSBAPT] Receipts for distribution from estate
Hello listmates
I recently filed a petition for decree of distribution. Following a hearing on my petition, I obtained an order discharging the PR upon filing of receipts from each of the heirs and beneficiaries. Can someone share with me the process by which you typically send checks and receipts to heirs? I am thinking that I would use regular mail and enclose the check, a receipt, and a stamped return envelope along with a cautionary letter that the beneficiary is not authorized to cash or deposit the check until such time as they have signed and returned the receipt? Are there other better ways to handle this such that I am likely to receive the receipts back?
Rich
RICH McENTEE
McENTEE LAW OFFICE
3800 Bridgeport Way W, Ste A411
University Place, WA 98466
253.227.9894(m)
jrmcentee at gmail.com<mailto:jrmcentee at gmail.com><mailto:jrmcentee at gmail.com<mailto:jrmcentee at gmail.com>>
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------------------------------
Message: 12
Date: Tue, 29 Aug 2017 15:43:06 +0000
From: Heather deVrieze <heatherd at westseattlelaw.com<mailto:heatherd at westseattlelaw.com>>
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Receipts for distribution from estate
Message-ID:
<CY4PR08MB2695DF134A7ADF123B33E261A79F0 at CY4PR08MB2695.namprd08.prod.outlook.com<mailto:CY4PR08MB2695DF134A7ADF123B33E261A79F0 at CY4PR08MB2695.namprd08.prod.outlook.com>>
Content-Type: text/plain; charset="us-ascii"
It's not that they think the lawyer isn't trustworthy. . . . More like "My sister/brother/uncle is such a conniving, lying, thieving _____________ any lawyer who would take their word for anything must either be stupid, or a conniving, lying, thieving ____________ themselves."
Or something like that. I have heard it more than once, and frankly it simply had not occurred to me to ask someone to sign a receipt prior to actual receipt, before I heard that other attorneys were using this process.
Heather
Heather S. de Vrieze
Attorney-at-Law
[cid:image001.jpg at 01D013C2.30F35160]
3909 California Avenue SW
Seattle, WA 98116-3705
(206)938-5500
heatherd at westseattlelaw.com<mailto:heatherd at westseattlelaw.com><mailto:heatherd at westseattlelaw.com<mailto:heatherd at westseattlelaw.com>>
www.westseattlelaw.com<http://www.westseattlelaw.com><http://www.westseattlelaw.com/>
Click here to connect with de Vrieze | Carney on Facebook: [FB Logo] <https://www.facebook.com/DeVriezeCarney>
CONFIDENTIAL & PRIVILEGED. This e-mail message may contain legally privileged and/or confidential information. 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: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>] On Behalf Of Lisa E Schuchman
Sent: Monday, August 28, 2017 3:38 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Receipts for distribution from estate
Heather, are there really people who don't trust lawyers?
Lisa E. Schuchman
206-960-4212
www.lisaschuchman.com<http://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
From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>] On Behalf Of Heather deVrieze
Sent: Monday, August 28, 2017 2:21 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Receipts for distribution from estate
I know Lisa is not alone in requesting signed receipts before distributing funds, so it must work, but. . .
I would be unlikely personally to sign such a receipt, and generally advise any beneficiary seeking my advice that they better be darn sure they trust the Personal Representative and their attorney because what would be their recourse if the check never arrives.
I have a few ways I handle final receipts, and some of them require beneficiaries to sign something ahead of getting their check, but, never a receipt before they have the check in hand.
I also find that if you have a decree of distribution that specifies amounts, and you have a cancelled check (perhaps with "in full distribution Sally Smith Estate") for that amount, there isn't any argument that the distributions weren't made.
Heather
Heather S. de Vrieze
Attorney-at-Law
[cid:image001.jpg at 01D013C2.30F35160]
3909 California Avenue SW
Seattle, WA 98116-3705
(206)938-5500
heatherd at westseattlelaw.com<mailto:heatherd at westseattlelaw.com><mailto:heatherd at westseattlelaw.com<mailto:heatherd at westseattlelaw.com>>
www.westseattlelaw.com<http://www.westseattlelaw.com><http://www.westseattlelaw.com/>
Click here to connect with de Vrieze | Carney on Facebook: [FB Logo] <https://www.facebook.com/DeVriezeCarney>
CONFIDENTIAL & PRIVILEGED. This e-mail message may contain legally privileged and/or confidential information. 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: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com><mailto:wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> [mailto:wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>] On Behalf Of Lisa E Schuchman
Sent: Monday, August 28, 2017 12:42 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com><mailto:wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>>
Subject: Re: [WSBAPT] Receipts for distribution from estate
Rich,
When possible, I send Receipts out for signature and send checks only after I receive the Receipt. If heirs are local, I will arrange for an in-person exchange. On occasion I have relied on an endorsement on a check as proof of receipt.
Lisa E. Schuchman
206-960-4212
www.lisaschuchman.com<http://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
From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com><mailto:wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> [mailto:wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>] On Behalf Of J Richard McEntee, Jr.
Sent: Monday, August 28, 2017 12:32 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com><mailto:wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>>
Subject: [WSBAPT] Receipts for distribution from estate
Hello listmates
I recently filed a petition for decree of distribution. Following a hearing on my petition, I obtained an order discharging the PR upon filing of receipts from each of the heirs and beneficiaries. Can someone share with me the process by which you typically send checks and receipts to heirs? I am thinking that I would use regular mail and enclose the check, a receipt, and a stamped return envelope along with a cautionary letter that the beneficiary is not authorized to cash or deposit the check until such time as they have signed and returned the receipt? Are there other better ways to handle this such that I am likely to receive the receipts back?
Rich
RICH McENTEE
McENTEE LAW OFFICE
3800 Bridgeport Way W, Ste A411
University Place, WA 98466
253.227.9894(m)
jrmcentee at gmail.com<mailto:jrmcentee at gmail.com><mailto:jrmcentee at gmail.com<mailto:jrmcentee at gmail.com>>
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------------------------------
Message: 13
Date: Tue, 29 Aug 2017 16:19:00 +0000
From: Donna Calf Robe <DonnaC at bhdlaw.com<mailto:DonnaC at bhdlaw.com>>
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Receipts for distribution from estate
Message-ID:
<CY4PR16MB173584136E45857F8AEB5D74A89F0 at CY4PR16MB1735.namprd16.prod.outlook.com<mailto:CY4PR16MB173584136E45857F8AEB5D74A89F0 at CY4PR16MB1735.namprd16.prod.outlook.com>>
Content-Type: text/plain; charset="us-ascii"
I agree with Heather. I never ask anyone to sign a receipt saying they received something before they receive it. I usually send them the accounting with the proposed distribution plan and a pleadings to sign saying they have reviewed and approve the accounting/distribution plan, and the actions of the PR. Once I get all of those back, the PR distributes and we send receipts. I tell the PR to keep proof of checks mailed and cashed in the event anyone doesn't return a receipt.
Donna
Donna M. Calf Robe
Attorney at Law
Brothers Henderson Dussault, P.S.
2722 Eastlake Avenue East, Suite 200
Seattle, Washington 98102
Phone: (206) 324-4300 x113
Fax: (206) 324-3106
e-mail: donnac at bhdlaw.com<mailto:donnac at bhdlaw.com><mailto:donnac at bhdlaw.com<mailto:donnac at bhdlaw.com>>
www.bhdlaw.com<http://www.bhdlaw.com><http://www.bhdlaw.com/>
[cid:image001.jpg at 01D22897.26241F80]
The information transmitted in this e-mail message and attachments is attorney-client information, is privileged or confidential material and is intended only for the use of the individual or entity named above. You are hereby notified that any disclosure, copying, distribution, review by or taking of any action in reliance on the contents of this e-mail information by unauthorized persons is strictly prohibited. All personal messages are solely the views of the sender and are not to be attributed to Brothers Henderson Dussault. If you have received this transmission in error, immediately notify the sender by reply e-mail and permanently delete this transmission and all copies including attachments.
From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>] On Behalf Of Heather deVrieze
Sent: Tuesday, August 29, 2017 8:43 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Receipts for distribution from estate
It's not that they think the lawyer isn't trustworthy. . . . More like "My sister/brother/uncle is such a conniving, lying, thieving _____________ any lawyer who would take their word for anything must either be stupid, or a conniving, lying, thieving ____________ themselves."
Or something like that. I have heard it more than once, and frankly it simply had not occurred to me to ask someone to sign a receipt prior to actual receipt, before I heard that other attorneys were using this process.
Heather
Heather S. de Vrieze
Attorney-at-Law
[cid:image001.jpg at 01D013C2.30F35160]
3909 California Avenue SW
Seattle, WA 98116-3705
(206)938-5500
heatherd at westseattlelaw.com<mailto:heatherd at westseattlelaw.com><mailto:heatherd at westseattlelaw.com<mailto:heatherd at westseattlelaw.com>>
www.westseattlelaw.com<http://www.westseattlelaw.com><http://www.westseattlelaw.com/>
Click here to connect with de Vrieze | Carney on Facebook: [FB Logo] <https://www.facebook.com/DeVriezeCarney>
CONFIDENTIAL & PRIVILEGED. This e-mail message may contain legally privileged and/or confidential information. 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: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com><mailto:wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> [mailto:wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>] On Behalf Of Lisa E Schuchman
Sent: Monday, August 28, 2017 3:38 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com><mailto:wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>>
Subject: Re: [WSBAPT] Receipts for distribution from estate
Heather, are there really people who don't trust lawyers?
Lisa E. Schuchman
206-960-4212
www.lisaschuchman.com<http://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
From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com><mailto:wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> [mailto:wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>] On Behalf Of Heather deVrieze
Sent: Monday, August 28, 2017 2:21 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com><mailto:wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>>
Subject: Re: [WSBAPT] Receipts for distribution from estate
I know Lisa is not alone in requesting signed receipts before distributing funds, so it must work, but. . .
I would be unlikely personally to sign such a receipt, and generally advise any beneficiary seeking my advice that they better be darn sure they trust the Personal Representative and their attorney because what would be their recourse if the check never arrives.
I have a few ways I handle final receipts, and some of them require beneficiaries to sign something ahead of getting their check, but, never a receipt before they have the check in hand.
I also find that if you have a decree of distribution that specifies amounts, and you have a cancelled check (perhaps with "in full distribution Sally Smith Estate") for that amount, there isn't any argument that the distributions weren't made.
Heather
Heather S. de Vrieze
Attorney-at-Law
[cid:image001.jpg at 01D013C2.30F35160]
3909 California Avenue SW
Seattle, WA 98116-3705
(206)938-5500
heatherd at westseattlelaw.com<mailto:heatherd at westseattlelaw.com><mailto:heatherd at westseattlelaw.com<mailto:heatherd at westseattlelaw.com>>
www.westseattlelaw.com<http://www.westseattlelaw.com><http://www.westseattlelaw.com/>
Click here to connect with de Vrieze | Carney on Facebook: [FB Logo] <https://www.facebook.com/DeVriezeCarney>
CONFIDENTIAL & PRIVILEGED. This e-mail message may contain legally privileged and/or confidential information. 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: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com><mailto:wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> [mailto:wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>] On Behalf Of Lisa E Schuchman
Sent: Monday, August 28, 2017 12:42 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com><mailto:wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>>
Subject: Re: [WSBAPT] Receipts for distribution from estate
Rich,
When possible, I send Receipts out for signature and send checks only after I receive the Receipt. If heirs are local, I will arrange for an in-person exchange. On occasion I have relied on an endorsement on a check as proof of receipt.
Lisa E. Schuchman
206-960-4212
www.lisaschuchman.com<http://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
From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com><mailto:wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> [mailto:wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>] On Behalf Of J Richard McEntee, Jr.
Sent: Monday, August 28, 2017 12:32 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com><mailto:wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>>
Subject: [WSBAPT] Receipts for distribution from estate
Hello listmates
I recently filed a petition for decree of distribution. Following a hearing on my petition, I obtained an order discharging the PR upon filing of receipts from each of the heirs and beneficiaries. Can someone share with me the process by which you typically send checks and receipts to heirs? I am thinking that I would use regular mail and enclose the check, a receipt, and a stamped return envelope along with a cautionary letter that the beneficiary is not authorized to cash or deposit the check until such time as they have signed and returned the receipt? Are there other better ways to handle this such that I am likely to receive the receipts back?
Rich
RICH McENTEE
McENTEE LAW OFFICE
3800 Bridgeport Way W, Ste A411
University Place, WA 98466
253.227.9894(m)
jrmcentee at gmail.com<mailto:jrmcentee at gmail.com><mailto:jrmcentee at gmail.com<mailto:jrmcentee at gmail.com>>
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------------------------------
Message: 14
Date: Tue, 29 Aug 2017 16:27:03 +0000
From: "Goffe, Wendy S." <wendy.goffe at stoel.com<mailto:wendy.goffe at stoel.com>>
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] case manager/care coordinator
Message-ID:
<1C395378C1FB614F8296822AA87FF8D401DCE3CA2F at DC1-EXDAG01.stoel.com<mailto:1C395378C1FB614F8296822AA87FF8D401DCE3CA2F at DC1-EXDAG01.stoel.com>>
Content-Type: text/plain; charset="us-ascii"
I have a client who will be released after an 8 day mental health hold. We need to find a case manager/care coordinator to coordinate and help find in home care and other professionals. Cost is not a concern for now.
Any recommendations.
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<mailto: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><http://www.stoel.com/>
This email may contain material that is confidential, privileged and/or attorney work product for the sole use of the intended recipient. Any unauthorized review, use, or distribution is prohibited and may be unlawful.
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------------------------------
Message: 15
Date: Tue, 29 Aug 2017 16:33:48 +0000
From: Lisa E Schuchman <lisa at lisaschuchman.com<mailto:lisa at lisaschuchman.com>>
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Receipts for distribution from estate
Message-ID:
<CY4PR1601MB13029F466AD82B9F491E6B49D19F0 at CY4PR1601MB1302.namprd16.prod.outlook.com<mailto:CY4PR1601MB13029F466AD82B9F491E6B49D19F0 at CY4PR1601MB1302.namprd16.prod.outlook.com>>
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What I tell beneficiaries is that I won't file the Receipt till the checks are sent out. I have hardly ever had anyone object and I usually have the checks and send them out myself. Like I said, if they are local, we can arrange an in-person swap.
Lisa E. Schuchman
206-960-4212
www.lisaschuchman.com<http://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
From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>] On Behalf Of Heather deVrieze
Sent: Tuesday, August 29, 2017 8:43 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Receipts for distribution from estate
It's not that they think the lawyer isn't trustworthy. . . . More like "My sister/brother/uncle is such a conniving, lying, thieving _____________ any lawyer who would take their word for anything must either be stupid, or a conniving, lying, thieving ____________ themselves."
Or something like that. I have heard it more than once, and frankly it simply had not occurred to me to ask someone to sign a receipt prior to actual receipt, before I heard that other attorneys were using this process.
Heather
Heather S. de Vrieze
Attorney-at-Law
[cid:image001.jpg at 01D013C2.30F35160]
3909 California Avenue SW
Seattle, WA 98116-3705
(206)938-5500
heatherd at westseattlelaw.com<mailto:heatherd at westseattlelaw.com><mailto:heatherd at westseattlelaw.com<mailto:heatherd at westseattlelaw.com>>
www.westseattlelaw.com<http://www.westseattlelaw.com><http://www.westseattlelaw.com/>
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CONFIDENTIAL & PRIVILEGED. This e-mail message may contain legally privileged and/or confidential information. 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: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com><mailto:wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> [mailto:wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>] On Behalf Of Lisa E Schuchman
Sent: Monday, August 28, 2017 3:38 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com><mailto:wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>>
Subject: Re: [WSBAPT] Receipts for distribution from estate
Heather, are there really people who don't trust lawyers?
Lisa E. Schuchman
206-960-4212
www.lisaschuchman.com<http://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
From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com><mailto:wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> [mailto:wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>] On Behalf Of Heather deVrieze
Sent: Monday, August 28, 2017 2:21 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com><mailto:wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>>
Subject: Re: [WSBAPT] Receipts for distribution from estate
I know Lisa is not alone in requesting signed receipts before distributing funds, so it must work, but. . .
I would be unlikely personally to sign such a receipt, and generally advise any beneficiary seeking my advice that they better be darn sure they trust the Personal Representative and their attorney because what would be their recourse if the check never arrives.
I have a few ways I handle final receipts, and some of them require beneficiaries to sign something ahead of getting their check, but, never a receipt before they have the check in hand.
I also find that if you have a decree of distribution that specifies amounts, and you have a cancelled check (perhaps with "in full distribution Sally Smith Estate") for that amount, there isn't any argument that the distributions weren't made.
Heather
Heather S. de Vrieze
Attorney-at-Law
[cid:image001.jpg at 01D013C2.30F35160]
3909 California Avenue SW
Seattle, WA 98116-3705
(206)938-5500
heatherd at westseattlelaw.com<mailto:heatherd at westseattlelaw.com><mailto:heatherd at westseattlelaw.com<mailto:heatherd at westseattlelaw.com>>
www.westseattlelaw.com<http://www.westseattlelaw.com><http://www.westseattlelaw.com/>
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From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com><mailto:wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> [mailto:wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>] On Behalf Of Lisa E Schuchman
Sent: Monday, August 28, 2017 12:42 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com><mailto:wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>>
Subject: Re: [WSBAPT] Receipts for distribution from estate
Rich,
When possible, I send Receipts out for signature and send checks only after I receive the Receipt. If heirs are local, I will arrange for an in-person exchange. On occasion I have relied on an endorsement on a check as proof of receipt.
Lisa E. Schuchman
206-960-4212
www.lisaschuchman.com<http://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
From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com><mailto:wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> [mailto:wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>] On Behalf Of J Richard McEntee, Jr.
Sent: Monday, August 28, 2017 12:32 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com><mailto:wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>>
Subject: [WSBAPT] Receipts for distribution from estate
Hello listmates
I recently filed a petition for decree of distribution. Following a hearing on my petition, I obtained an order discharging the PR upon filing of receipts from each of the heirs and beneficiaries. Can someone share with me the process by which you typically send checks and receipts to heirs? I am thinking that I would use regular mail and enclose the check, a receipt, and a stamped return envelope along with a cautionary letter that the beneficiary is not authorized to cash or deposit the check until such time as they have signed and returned the receipt? Are there other better ways to handle this such that I am likely to receive the receipts back?
Rich
RICH McENTEE
McENTEE LAW OFFICE
3800 Bridgeport Way W, Ste A411
University Place, WA 98466
253.227.9894(m)
jrmcentee at gmail.com<mailto:jrmcentee at gmail.com><mailto:jrmcentee at gmail.com<mailto:jrmcentee at gmail.com>>
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Message: 16
Date: Tue, 29 Aug 2017 16:38:10 +0000
From: Barbara Byram <BarbaraB at bhdlaw.com<mailto:BarbaraB at bhdlaw.com>>
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] case manager/care coordinator
Message-ID:
<BN3PR16MB06600F9FA1CB8905717FD921A29F0 at BN3PR16MB0660.namprd16.prod.outlook.com<mailto:BN3PR16MB06600F9FA1CB8905717FD921A29F0 at BN3PR16MB0660.namprd16.prod.outlook.com>>
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Wendy:
Rebecca Whitmire of Whitmire and Associates would be a good choice.
Best regards,
Barbara J. Byram
Attorney at Law
Brothers Henderson Dussault, P.S.
2722 Eastlake Avenue East, Suite 200
Seattle, Washington 98102
Phone: (206) 324-4300 x114
Fax: (206) 324-3106
e-mail: barbarab at bhdlaw.com<mailto:barbarab at bhdlaw.com><mailto:barbarab at bhdlaw.com<mailto:barbarab at bhdlaw.com>>
[cid:image003.jpg at 01D22410.1D13F6D0]
http://www.bhdlaw.com/
The information transmitted in this email and attachments is attorney-client information, is privileged or confidential material, and is intended only for the use of the individual or entity named above. You are hereby notified that any disclosure, copying, distribution, review by or taking of any action in reliance on the contents of this e-mail information by unauthorized persons is strictly prohibited. All personal messages are solely the views of the sender, and are not to be attributed to Brothers Henderson Dussault. If you have received this transmission in error, immediately notify the sender by reply e-mail and permanently delete this transmission and all copies including attachments.
From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>] On Behalf Of Goffe, Wendy S.
Sent: Tuesday, August 29, 2017 9:27 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] case manager/care coordinator
I have a client who will be released after an 8 day mental health hold. We need to find a case manager/care coordinator to coordinate and help find in home care and other professionals. Cost is not a concern for now.
Any recommendations.
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<mailto:wendy.goffe at stoel.com><mailto:wendy.goffe at stoel.com<mailto: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><http://www.stoel.com/>
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Message: 17
Date: Tue, 29 Aug 2017 09:55:32 -0700
From: David Faber <david at faberfeinson.com<mailto:david at faberfeinson.com>>
To: "WSBA Probate & Trust Listserv" <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] Modifying Beneficiaries of an Irrevocable Trust
Message-ID:
<CAKkD=wgCtZKvQza32R2KFnrG9bbv51-cwwont7rLiYVVposMrw at mail.gmail.com<mailto:wgCtZKvQza32R2KFnrG9bbv51-cwwont7rLiYVVposMrw at mail.gmail.com>>
Content-Type: text/plain; charset="utf-8"
Some clients of mine brought up a novel situation for me yesterday:
(W)ife is a remainder beneficiary of a family trust along with three
siblings. The trust became irrevocable upon her father's death. The trust
specifies that if W predeceases her stepmother, W's share passes to W's
issue upon stepmother's death. W has a (C)hild from a previous
relationship. W and C both agree that (H)usband should receive W's interest
in the trust if W predeceases stepmother. The trust grants no power of
appointment to W and the trust cannot be modified by stepmother (plus, the
relationship with stepmother is strained).
Would having W & C, as all of the remainder beneficiaries of a particular
tranche of the trust estate, execute a written agreement directing the
tranche to H upon W's passing work to supplant the current pathing of
remainder beneficiaries?
Best,
David J. Faber
Faber Feinson PLLC
210 Polk Street, Suite 1
Port Townsend, WA 98368
(360) 379-4110
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Message: 18
Date: Tue, 29 Aug 2017 16:54:47 +0000
From: Mark Vohr <mcv at ohanafc.com<mailto:mcv at ohanafc.com>>
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] case manager/care coordinator
Message-ID:
<5A15CEF1BD64974E93535F28F1B1E04E1885A992 at OHANA100.ofcdomain.local<mailto:5A15CEF1BD64974E93535F28F1B1E04E1885A992 at OHANA100.ofcdomain.local>>
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Wendy -
We have been working with Whitmire and Associates for this kind of case. They can provide very intensive services, and work with mental health issues.
http://www.whitmireandassociates.com/
Word of caution, depending on the involvement, costs can be high in this arena. Another excellent group for provide case management is Aging Wisdom
http://agingwisdom.com/
You will need to ask them, but I believe they focus more on seniors and dementia, not individuals with mental illness.
Hope that helps.
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><mailto:mcv at ohanafc.com<mailto:mcv at ohanafc.com>> www.ohanafc.com<http://www.ohanafc.com><http://www.ohanafc.com/>
From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>] On Behalf Of Goffe, Wendy S.
Sent: Tuesday, August 29, 2017 9:27 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] case manager/care coordinator
I have a client who will be released after an 8 day mental health hold. We need to find a case manager/care coordinator to coordinate and help find in home care and other professionals. Cost is not a concern for now.
Any recommendations.
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<mailto:wendy.goffe at stoel.com><mailto:wendy.goffe at stoel.com<mailto:wendy.goffe at stoel.com>> | Bio<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.stoel.com_showbio.aspx-3Fshow-3D9346&d=DQMFAg&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=K1mLMC1eFjwfeeMM-AC6zQ&m=ZEdyB1clJUpJd1-GzwPm3F3DEqbL5NF1YGdIgvyeg_Q&s=AcOgGDjWdE5I_i_BOeqbgfK2oAHPH3CJy4G17y-bEHI&e=> | vCard<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.stoel.com_getvcard.asp-3Fid-3D9346&d=DQMFAg&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=K1mLMC1eFjwfeeMM-AC6zQ&m=ZEdyB1clJUpJd1-GzwPm3F3DEqbL5NF1YGdIgvyeg_Q&s=wVzYNx_TRqVyyAqCySjAMEkb80YMZh6a9o_m0ZNrD_4&e=> | www.stoel.com<http://www.stoel.com><https://urldefense.proofpoint.com/v2/url?u=http-3A__www.stoel.com_&d=DQMFAg&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=K1mLMC1eFjwfeeMM-AC6zQ&m=ZEdyB1clJUpJd1-GzwPm3F3DEqbL5NF1YGdIgvyeg_Q&s=9ku5GI1lc1vV-8woc1Ywt6QeB-BHQSPAWIPOhAbWzOA&e=>
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Message: 19
Date: Tue, 29 Aug 2017 10:02:12 -0700
From: Krista MacLaren <kjm.inc at mac.com<mailto:kjm.inc at mac.com>>
To: wsba probate & trust <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] discretionary trust funding
Message-ID: <6D05FD46-C612-4C77-89F1-9943F5D3551D at mac.com<mailto:6D05FD46-C612-4C77-89F1-9943F5D3551D at mac.com>>
Content-Type: text/plain; charset="utf-8"
Hi Folks,
I sent this out on Friday but didn?t get any responses, so I thought I would try again.
I am wondering if anyone ever uses language in a Will saying that a testamentary trust shall be funded at the discretion of the trustee after meeting with the beneficiary?
I have a client who at this time doesn?t believe her 26 year old son is mature enough to receive an inheritance and not blow it (he has done some jail time and has debt from court fees for DUIs and related matters). There is a good chance that by the time he receives anything, he will be more responsible (he is working and trying to pay off the debt). The trustee was going to have a lot of discretion in making distributions, so trustee could just promptly distribute all assets, but I wondered if there is a good way to say that trustee has discretion as to whether to set the trust up at all. I realize the beneficiary might be able to convince the trustee that he is fine/responsible when he is not, and I?m not sure what kind of proof would be appropriate, so maybe this is just a bad idea.
Thank you for any suggestions or opinions!
Krista J. MacLaren
Attorney at Law
Northgate Executive Center II
9725 3rd Ave NE, Suite 600
Seattle, WA 98115
(206)523-6116
kjm.inc at mac.com<mailto:kjm.inc at mac.com> <mailto:kjm.inc at mac.com<mailto:kjm.inc at mac.com>>
Please note, as with most email providers, Mac does not encrypt email messages. Accordingly, the confidentiality of messages sent to this address cannot be assured. This e-mail is intended for viewing only by the individual or entity to whom its content is addressed, and it may contain confidential or privileged information. If you received this email in error, please honor the privacy of the intended recipient: reply to the sender regarding the error and delete the message.
Krista J. MacLaren
Attorney at Law
Northgate Executive Center II
9725 3rd Ave NE, Suite 600
Seattle, WA 98115
(206)523-6116
kjm.inc at mac.com<mailto:kjm.inc at mac.com> <mailto:kjm.inc at mac.com<mailto:kjm.inc at mac.com>>
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Message: 20
Date: Tue, 29 Aug 2017 17:21:09 +0000
From: Mark Vohr <mcv at ohanafc.com<mailto:mcv at ohanafc.com>>
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] discretionary trust funding
Message-ID:
<5A15CEF1BD64974E93535F28F1B1E04E1885AAD6 at OHANA100.ofcdomain.local<mailto:5A15CEF1BD64974E93535F28F1B1E04E1885AAD6 at OHANA100.ofcdomain.local>>
Content-Type: text/plain; charset="utf-8"
Krista ?
I think the person to exercise that discretion would be the Personal Representative, not the trustee. The trustee does not come into play until the trust is funded. Prior to that point the trustee has not authority over the estate assets. It?s the PR who has control.
Allowing a PR with that discretion is OK, now and then we see Last Wills with discretionary special needs trusts where the PR has the discretion to fund a special needs trust or distribute the funds outright depending on the needs/condition of the beneficiary. The challenge is picking a PR who will exercise that duty responsibly and with the appropriate level of care.
Hope that helps.
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><mailto:mcv at ohanafc.com<mailto:mcv at ohanafc.com>> www.ohanafc.com<http://www.ohanafc.com><http://www.ohanafc.com/>
From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>] On Behalf Of Krista MacLaren
Sent: Tuesday, August 29, 2017 10:02 AM
To: wsba probate & trust <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] discretionary trust funding
Hi Folks,
I sent this out on Friday but didn?t get any responses, so I thought I would try again.
I am wondering if anyone ever uses language in a Will saying that a testamentary trust shall be funded at the discretion of the trustee after meeting with the beneficiary?
I have a client who at this time doesn?t believe her 26 year old son is mature enough to receive an inheritance and not blow it (he has done some jail time and has debt from court fees for DUIs and related matters). There is a good chance that by the time he receives anything, he will be more responsible (he is working and trying to pay off the debt). The trustee was going to have a lot of discretion in making distributions, so trustee could just promptly distribute all assets, but I wondered if there is a good way to say that trustee has discretion as to whether to set the trust up at all. I realize the beneficiary might be able to convince the trustee that he is fine/responsible when he is not, and I?m not sure what kind of proof would be appropriate, so maybe this is just a bad idea.
Thank you for any suggestions or opinions!
Krista J. MacLaren
Attorney at Law
Northgate Executive Center II
9725 3rd Ave NE, Suite 600
Seattle, WA 98115
(206)523-6116
kjm.inc at mac.com<mailto:kjm.inc at mac.com><mailto:kjm.inc at mac.com<mailto:kjm.inc at mac.com>>
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Krista J. MacLaren
Attorney at Law
Northgate Executive Center II
9725 3rd Ave NE, Suite 600
Seattle, WA 98115
(206)523-6116
kjm.inc at mac.com<mailto:kjm.inc at mac.com><mailto:kjm.inc at mac.com<mailto:kjm.inc at mac.com>>
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Message: 21
Date: Tue, 29 Aug 2017 17:22:51 +0000
From: Doug Owens <dougowens at seattlerelawyer.com<mailto:dougowens at seattlerelawyer.com>>
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Modifying Beneficiaries of an Irrevocable Trust
Message-ID: <54037E89-E6B7-413C-B207-645F592258F7 at seattlerelawyer.com<mailto:54037E89-E6B7-413C-B207-645F592258F7 at seattlerelawyer.com>>
Content-Type: text/plain; charset="us-ascii"
Dear David, this is an interesting question. It is hard to answer your specific question without looking at the trust language. It may not be binding on anyone but W and C could agree that upon the death first of W and then of stepmother, C could simply gift the share coming to C to H. There could be gift tax implications for C but unless the share is very large there would not likely be any actual gift tax to pay at the time. Yours truly, Doug Owens
On Aug 29, 2017, at 9:55 AM, David Faber <david at faberfeinson.com<mailto:david at faberfeinson.com><mailto:david at faberfeinson.com<mailto:david at faberfeinson.com>>> wrote:
Some clients of mine brought up a novel situation for me yesterday:
(W)ife is a remainder beneficiary of a family trust along with three siblings. The trust became irrevocable upon her father's death. The trust specifies that if W predeceases her stepmother, W's share passes to W's issue upon stepmother's death. W has a (C)hild from a previous relationship. W and C both agree that (H)usband should receive W's interest in the trust if W predeceases stepmother. The trust grants no power of appointment to W and the trust cannot be modified by stepmother (plus, the relationship with stepmother is strained).
Would having W & C, as all of the remainder beneficiaries of a particular tranche of the trust estate, execute a written agreement directing the tranche to H upon W's passing work to supplant the current pathing of remainder beneficiaries?
Best,
David J. Faber
Faber Feinson PLLC
210 Polk Street, Suite 1
Port Townsend, WA 98368
(360) 379-4110
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