[WSBAPT] Property of deceased held by client

[Jane Bitz]

Your client has the proceeds in his name so that tells me that he had a legal right to sell the house. He knows what his girlfriend wanted to do with her share. If her children are agreeing to the Trust, then just have him establish the Trust, appoint her sister as the Trustee (with the terms and conditions that the decedent wanted attached to the property), transfer the property to her and get a receipt & waiver from her. I would probably also send a formal Notice once the Trust was established to the beneficiaries. If they don’t like it at any point in the future before reaching age 45, the Trustee could enter into a TEDRA with them.
Jane Bitz.

Jane G Bitz
Of Counsel
Wolff, Hislop & Crockett, PLLC
12209 E Mission, Suite 5
Spokane Valley WA 99206-4824
(509) 927-9700; FAX (509) 777-1800
jbitz at whc-attorneys.com<mailto:jane at jbitzlaw.com>
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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of J Richard McEntee, Jr.
Sent: Tuesday, May 16, 2017 2:26 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Property of deceased held by client

Follow up from a prior message — more facts now.

Client and ex-girlfriend remodeled a home together and agreed to split the profits. Title was in client’s name. Girlfriend passes away before the home sold. Before there death girlfriend stated that when the home sold she wanted her share of the proceeds to be divided evenly between her two adult children (25 and 30 years old). However, she further stated that it was her wish that each child receive its share at the age of 45. She directed that her sister hold the money and distribute it to each child when reaching 45. Ex-girlfriend died intestate and there was not probate. Aside from the home sale proceeds, she had no assets.

The house has sold and my client holds the proceeds. He wants to settle with the children and move on. He also wants to honor the ex-girlfriend's wishes and give the money to the aunt to hold until the children reach age 45. Apparently, the children are ok with this arrangement. I am concerned that the kids may change there mind sometime down the road. (One child has a drug problem.)

My main goal for the client is to settle any claims that the children may have for a share of the house sale proceeds. Client does not want to give the money to the children outright.  I don’t want the client to simply provide the proceeds to the aunt without some release from the kids.

Any suggestions as to how to proceed?

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>

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