[WSBAPT] Questions Regarding Insolvent Testate Probate

[Diane J. Kiepe]

I have gotten non-intervention powers where I represent to the court that the only action to be done was to sell a home and satisfy, to the extent possible, all admin fees and proper claims.  I also indicate that it is in the best interest of the estate, creditors and potential beneficiaries to sell the property without intervention powers and I make sure the PR makes no payments until after the running of the creditor's period.


Diane J. Kiepe

Diane J. Kiepe, Attorney at Law
Douglas * Eden
717 W. Sprague Ave., Suite 1500
Spokane, WA  99201
Phone:  (509) 455-5300
Fax:        (509) 455-5348
djkiepe at depdslaw.com



From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of John McCrady
Sent: Tuesday, December 11, 2018 1:56 PM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Questions Regarding Insolvent Testate Probate

Interesting!  11.68.011 conditions non-intervention powers on a determination of solvency.  But as you note, 11.68.080(4) allows the court to continue non-intervention powers after a once solvent estate becomes insolvent.  I do appreciate the flexibility given to the court to restrict or rescind the non-intervention powers as it deems best.

John McCrady
Counsel
Puget Sound Title Company
5350 Orchard Street West
University Place WA 98467
253-476-5721
j.mccrady at pstitle.com

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Dalynne Singleton
Sent: Tuesday, December 11, 2018 9:07 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Questions Regarding Insolvent Testate Probate

I am opening one in Snohomish that is insolvent with a mortgage for more than worth of property. I have asked for non intervention powers so we'll see on 1/8/19. No other debts or assets.  Mine is intestate.

The insolvency statute allows the court the option of non intervention or intervention powers. In another case, i argued this before pierce county commissioner and was able to retain non intervention powers as the administrator in a deceased defendant estate. See rcw 11.68.080(4).

http://app.leg.wa.gov/rcw/default.aspx?cite=11.68.080

Dalynne Singleton
Gourley Law Group

Get Outlook for iOS<https://aka.ms/o0ukef>
________________________________
From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> on behalf of John McCrady <j.mccrady at pstitle.com<mailto:j.mccrady at pstitle.com>>
Sent: Tuesday, December 11, 2018 6:51 AM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Questions Regarding Insolvent Testate Probate

As far as I know the PR needs to obtain Non-Intervention powers (11.68.011) in order to sell the real estate without a court order.  Solvency is a condition precedent to obtaining Non-intervention powers.
In the absence of Non-intervention powers, the PR will need to follow the rather onerous procedures set forth in 11.56 in order to sell the real estate.
I would be interested in hearing if someone is aware of another alternative.

John McCrady
Counsel
Puget Sound Title Company
5350 Orchard Street West
University Place WA 98467
253-476-5721
j.mccrady at pstitle.com<mailto:j.mccrady at pstitle.com>

From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com]On Behalf Of John Yip
Sent: Monday, December 10, 2018 6:48 PM
To: wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Questions Regarding Insolvent Testate Probate

Hello,

Hypothetically, suppose I have a client who has an insolvent testate estate that consists of a house as its sole asset.  The estate wishes to sell the house now (so the usual "wait 2 years for statute of limitations to run" advice does not apply here).  Problem is, nobody can act on behalf of the estate (most notably in signing the deed) until someone is appointed personal representative.

What's the quickest and most efficient way to have the PR named in the Will be appointed as PR and be able to close on the house sale right away?  Can I add language about selling the house in the Petition for the initial hearing?  Do I need to give notice to known creditors of the initial hearing where the PR will be appointed?

Also, it would be very helpful if someone could send me forms for starting the probate of an insolvent testate estate.

Thanks.

John
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