[WSBAPT] Do I Have to Reopen CA Probate? NO

[John J. Sullivan]

Thanks Dalynne. 

Sent from my iPad

> On Dec 12, 2018, at 11:16 AM, Dalynne Singleton <dalynne at glgmail.com> wrote:
> 
> John: 
>  
> I have opened WA probates when there was WA property and OR property.  If you look at the statute, you can open a probate in WA if the person died in another state as long as there is property in the state you are opening the estate.  Since the CA probate was opened and closed w/o dealing with the WA property, I would put that in the WA petition and do a new WA probate petition to open in WA to deal with the WA property.  Include language that there was a CA probate which has been opened and closed.  That way the WA court will do one of two things:  (1) allow you to open the WA probate to deal with the WA property; or (2) tell you to re-open the CA probate and then come back to open the WA ancillary probate.  I am betting on #1.
>  
> See RCW 11.96A.040.  Original jurisdiction in probate and trust matters—Powers of court.
> (1) The superior court of every county has original subject matter jurisdiction over the probate of wills and the administration of estates of incapacitated, missing, and deceased individuals in all instances, including without limitation:
> (a) When a resident of the state dies;
> (b) When a nonresident of the state dies in the state; or
> (c) When a nonresident of the state dies outside the state.
> (2) The superior court of every county has original subject matter jurisdiction over trusts and all matters relating to trusts.
> (3) The superior courts may: Probate or refuse to probate wills, appoint personal representatives, administer and settle the affairs and the estates of incapacitated, missing, or deceased individuals including but not limited to decedents' nonprobate assets; administer and settle matters that relate to nonprobate assets and arise under chapter 11.18 or 11.42RCW; administer and settle all matters relating to trusts; administer and settle matters that relate to powers of attorney; award processes and cause to come before them all persons whom the courts deem it necessary to examine; order and cause to be issued all such writs and any other orders as are proper or necessary; and do all other things proper or incident to the exercise of jurisdiction under this section.
> (4) The subject matter jurisdiction of the superior court applies without regard to venue. A proceeding or action by or before a superior court is not defective or invalid because of the selected venue if the court has jurisdiction of the subject matter of the action.
>  
> Dalynne Singleton
>  
> Gourley Law Group
> Snohomish Escrow
> The Exchange Connection
> 1002 10th Street / PO Box 1091
> Snohomish, WA 98291
>  
> 360.568.5065
> 360.329.4079
> 360.568.8092  fax
> dalynne at glgmail.com
>  
> LICENSED IN WASHINGTON AND OREGON
> IMPORTANT/CONFIDENTIAL: This e-mail message (and any attachments accompanying it) may contain confidential information, including information protected by attorney-client privilege. The information is intended only for the use of the intended recipient(s).  Delivery of this message to anyone other than the intended recipient(s) is not intended to waive any privilege or otherwise detract from the confidentiality of the message.  If you are not the intended recipient, or if this message has been addressed to you in error, do not read, disclose, reproduce, distribute, disseminate or otherwise use this transmission, rather, please promptly notify the sender by reply e-mail, and then destroy all copies of the message and its attachments, if any.
> <image001.jpg>  <image002.png>    <image003.png> <image004.jpg>
>  
> From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of JOHN J SULLIVAN
> Sent: Tuesday, December 11, 2018 2:10 PM
> To: WSBA Listserv <wsbapt at lists.wsbarppt.com>
> Subject: [WSBAPT] Do I Have to Reopen CA Probate?
>  
> Listmates:
> 
>  
> 
> New situation for me. 
> 
> Decedent died in San Diego County, CA with a 50% TIC interest in real property titled in his name in Island County, WA. He died with a revocable trust and pour-over will, but the WA RP had not been conveyed to the trust. PC is 1/3 beneficiary of the trust, but was not the named PR or ST. 
> 
> The person named as PR - another of the beneficiaries - opened a formal probate of the pour-over will in CA. But that PR did not open an ancillary probate in WA to convey the WA RP to the trust. I am told that the CA probate has since been closed. The original PR refuses to do anything about administering the WA RP. 
> 
> Am I correct that in order to open a probate up here to sell the WA RP or convey it down to the trust, the petitioner up here would have to follow RCW 11.20.090, which states:
> 
>  
> 
> "Wills probated in any other state or territory of the United States, or in any foreign country or state, shall be admitted to probate in this state on the production of a copy of such will and of the original record of probate thereof, certified by the attestation of the clerk of the court in which such probation was made; or if there be no clerk, certification by the attestation of the judge thereof, and by the seal of such officers, if they have a seal."?
> 
> I think at a minimum I will need a certified copy of the Will, the original of which resides at the clerk of court in San Diego. But then the question is, must the CA probate be reopened in order for that to work? And what exactly is a copy of "the original record of probate thereof?" Is it a certified copy of the Order admitting the Will? The docket sheet? And what if I want the PC to serve up here because the original PR doesn't want to? I'm guessing a declination with the other beneficiaries joining to support the petition would work to accomplish that. 
> 
> Anybody dealt with this or a similar situation? I've always dealt with foreign dominant estates simply needing to open up an ancillary here. 
> 
>  
> 
> Best regards,
> 
>  
> 
> JOHN J. SULLIVAN, 
> ATTORNEY
> 
> LYONS | SULLIVAN
> 10655 NE 4TH STREET, SUITE 704
> BELLEVUE, WA 98004
> 425·451·2400 TEL 425-451-7385 FAX
> WWW.DLJSLAW.COM
> 
>  
> 
> Confidentiality Notice
> 
>  
> 
> This email transmission is intended only for the addressee named above. It contains information that is privileged, confidential, or otherwise protected from use and disclosure. If you are not the intended recipient, you are hereby notified that any review, disclosure, copying, or dissemination of this transmission or the taking of any action in reliance on its contents or other use is strictly prohibited. If you have received this transmission in error, please destroy the original and notify us by telephone immediately. Thank you for your cooperation
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20181212/9dd2153e/attachment.html>