[WSBAPT] Washington Probate Administration and worthless California land

[Lewis, Amy C.]

Mark,

                California has a small estate procedure that applies to land valued at less than $50,000.  I’m working with a California attorney on one of these now.


Amy C. Lewis, Attorney

[cid:logobb3b79]

ESTATE PLANNING & PROBATE

1201 Pacific Avenue, Suite 1200 | Tacoma, WA 98402
phone 253.572.4500 | fax 253.272.5732 | www.eisenhowerlaw.com<http://www.eisenhowerlaw.com/>

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Mark Mullins
Sent: Wednesday, November 01, 2017 9:41 AM
To: WSBA Probate & Trust Listserv
Subject: [WSBAPT] Washington Probate Administration and worthless California land


Listmates:

Any ideas on what my client Personal Rep in a Washington Probate of estate of deceased Washington resident can do about land in California that PR wants to completely ignore because it is of low value. Client lives in California. Past property taxes due for the past two years are about $21.05.

The decedent (PR's parent) was unable to decide what to do with the property. The real property interest is a 1/2 interest held equally among three folks (i.e each having a 1/3 interest in 1/2, so 1/6 is the decedent's interest) in nearly 20 acres.

PR client, in personal capacity, is the sole beneficiary (the other beneficiary assigned client all interest to client) of the estate and feels, I think justifiably, there's no benefit to the estate in anything but ignoring it.

The Washington Probate is otherwise ready to close and client wants to sign off on Declaration of Completion stating administration is complete. I'm not confident client can, however, because of (a) California taxes being due (in that nominal amount) and (b) the land is still in decedent's name.

A creditor notice was not sent to the California taxing authority. Would a creditor notice do any good or any harm?

Would the California have any jurisdiction over the Washington PR or the client in California?

Sincerely,

Mark D. Mullins
Attorney at Law
Law Office of
MARK D. MULLINS
206 South Lincoln Street, Suite 205
Port Angeles, WA 98362
Telephone: (360)457-7223 Facsimile: by arrangement
mullinslaw at msn.com<mailto:mullinslaw at msn.com>

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