[WSBAPT] Selling AZ property in WA guardianship

[Peggi Moxley]

Christina, I done it twice but with working with an elder attorney in the other state. 

 

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Christina Davitt
Sent: Thursday, May 11, 2017 4:26 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Selling AZ property in WA guardianship

 

All - 

 

I represent a guardian here in Chelan County whose ward owns property in La Paz County AZ. We are trying to sell it after two years on the market and the underwriter is saying that ancillary proceedings have to be filed in AZ.

I don’t practice AZ law but my experience selling out of county/state property is that one files the action to sell in the underlying guardianship and then publishes the required notice in the legal newspaper where the property is located as well as where the guardianship is located.

Chelan County Superior Court approves the sale, you send a certified copy of the order to the title company and the title is transferred. 

 

Anyone have any different experience or advice? There really isn’t extra money to do  an ancillary nor do I want to lose the buyer after two years on the market. Thanks!




Christina M. Davitt  |  Attorney and Certified Professional Guardian

 

Ogden Murphy Wallace P.L.L.C. 
One Fifth Street, Suite 200 Wenatchee, WA 98801 
phone: 509.662.1954  |  fax: 509.663.1553

cdavitt at omwlaw.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] On Behalf Of Ron Richmond
Sent: Friday, May 05, 2017 2:08 PM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Ward of State

 

Andrew,

If the incapacitated person has a guardian, they can appear on his behalf, and no GAL needs to be involved.

Ultimately, the proceeds should be directed into a Special Needs Trust to preserve the assets for his use during his lifetime.

If I can offer further info or assistance, let me know.

Ronald D. Richmond · Attorney at Law

Email:  <mailto:ron at rrlaw.pro> ron at rrlaw.pro

 

Richmond & Richmond Ltd.

360.692.7201 office · 360.824.7168 fax

 

Main office: 1521 SE Piperberry Way, Suite 135, Port Orchard, WA 98366

 

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On Fri, May 5, 2017 at 1:56 PM, Andrew Hay <andrewhay at washingtonlaw.net <mailto:andrewhay at washingtonlaw.net> > wrote:

This is a new situation for me, but maybe not for others.

 

I have an intestate estate where one adult beneficiary (of several) is a ward of the state due to severe brain damage as a child.  He is now in his 70s.  Estate value per heir is $50-$100K

 

I am opening intestate estate – do we appoint GAL for the ward when the estate is opened, does his share go to the state for his care costs?

 

Any other issues?

 

Andrew Hay

Hay & Swann PLLC

201 South 34th Street

Tacoma, WA  98418

Phone: (253) 272-2400 <tel:(253)%20272-2400> 

Fax:     (253) 267-8947 <tel:(253)%20267-8947> 

 <http://www.washingtonlaw.net/> www.washingtonlaw.net

 

 

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