[WSBAPT] Unique Situation re Discovery of Assets While Estate is Still Open but Scheduled To Close

[Eric Nelsen]

Dave--In this circumstance (it happens)--I have filed and served a one-page "Withdrawal of Declaration of Completion" prior to the date, to indicate that PR has discovered further assets requiring administration and the Declaration is accordingly withdrawn and of no further force and effect. Serve it on everyone who got the Dec of Completion, and I'd argue that satisfies all necessary due process requirements, and also effectively cancels the Declaration. Then, once the new assets are taken care of, start over with a new Dec of Completion.

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 at lists.wsbarppt.com] On Behalf Of David Faber
Sent: Thursday, March 16, 2017 12:46 PM
To: WSBA Probate & Trust Listserv
Subject: [WSBAPT] Unique Situation re Discovery of Assets While Estate is Still Open but Scheduled To Close

Colleagues:

My client, PR of an estate here in Jefferson County, thought he had liquidated and gathered all of the assets of the estate. On Monday, my client signed a declaration of completion of probate with future distributions and mailed notice to all the heirs of the estate to that effect. Then, this morning, my client contacts me to tell me that out of the blue he received notice that the decedent had roughly $3,000 in additional assets that the client had not known existed until that point in time. The timing on this is shocking, considering we've been pretty meticulous to go through everything in the estate. Nonetheless, I find myself in a the unique situation where we do not yet need to file to reopen the estate because it isn't closed yet, but if we don't do anything the estate will automatically close in a month. Accordingly, I'm at a loss for what procedure we should employ to keep the estate open until we can finish dealing with these newly discovered assets. I'm probably overthinking this thing, but would someone be willing to have a phone conversation with me about this issue?

Best,
David J. Faber
Faber Feinson PLLC
210 Polk Street, Suite 1
Port Townsend, WA 98368
(360) 379-4110

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