[WSBAPT] Joint Probate with Title of Executor issue

[Melinda]

Jerry

I had that same scenario last year and it worked fine as a joint probate with, as you noted, letters of administration issued to one sibling and letter testamentary to the other. The Petition was a little verbose, having to get all the facts in to support both the probate and the admin will annexed, etc. but it all worked. 

Misspelled from my iPhone

Melinda

Law Office of Melinda K Grout
PO Box 1360
Monroe, WA 98272
(360) 794-4322. Tel
(425) 744-6745. Fax

Notice:  This message is intended only for the addressee, and may contain confidential and/or privileged information.  If you are not the intended recipient, it is too late to stop reading, but please do not use it for any improper purpose.



> On Jan 30, 2017, at 4:55 PM, Gerald Sprute <sprutelaw at msn.com> wrote:
> 
> Esteemed Colleagues,
> 
> Client’s dad died one week after mom.  I am hoping to open a Joint Probate (two kids, equal heirs under each Will).  But mom’s will names sister as executor, and dad’s will names brother as executor, with no alternate.  Only sister wants to be the executor, and brother will gladly sign a Declination to Serve.  In doing so, I think I would have an Executor and Administrator with Will Annexed. 
> 
> Can I open a Joint Probate?  Will I need to ask for Letters Testamentary for mom’s estate and Letters of Administration with Will annexed for dad’s estate, and can they be issued under the same cause number?  This doesn’t sound correct, but I’d hate to have to open two separate probates just because of the title of the estate representative.    
> 
> Has anyone run across this before, and is there a simple solution that I’m not seeing?
> 
> Jerry Sprute
> Law Office of Gerald A. Sprute
> P.O. Box 1657
> Duvall, WA 98019
> Tel: (425) 892-4079
> Fax: (425) 844-9151
> www.sprutelaw.com 
> 
> 
> 
>  
> 
>  
> 
> 
> 
> Confidentiality Notice: The information contained in this communication is Confidential and may also be Attorney-Privileged.
>  
> The information contained in this communication is intended for the individual or entity to whom it is addressed.  If you are not the intended recipient or an agent responsible for delivering it to the intended recipient, you are hereby notified that unauthorized viewing, dissemination, distribution or copying of this transmission is in violation of the Electric Communications Privacy Act of 1986 as well as the Domestic and International Laws and Treaties.  If you have received this communication in error, please immediately notify Gerald Sprute by telephone at 425.892.4079 and delete it from your system. 
> 
> _______________________________________________
> WSBAPT mailing list
> WSBAPT at lists.wsbarppt.com
> http://mailman.fsr.com/mailman/listinfo/wsbapt
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20170130/d9dcfe6e/attachment.html>