[WSBAPT] Most efficient solution? (Intestacy, real estate, incapacity and more good stuff)

[Candace Wilkerson]

If the POA is being accepted, I don’t see any need to file for guardianship of Mom.  I suggest opening an intestate probate and if your client is willing, she can ask to be appointed as administrator—see if all other siblings can sign a consent to her appointment in intestacy, with nonintervention powers, and without bond.  But a PGAL will be necessary.

A Lack of Probate Affidavit can’t be used if there are debts of the estate.  And it might not provide clear title for sale of the property.

I have been working on a very similar case lately.

Candace Wilkerson



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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Sarah Jael Dion
Sent: Thursday, July 12, 2018 7:25 PM
To: WSBA Probate & Trust Listserv
Subject: [WSBAPT] Most efficient solution? (Intestacy, real estate, incapacity and more good stuff)

Hi all!

I would be very grateful for any advice on this one…I’m torn about how to handle this efficiently.

I have a client who just lost her dad. Dad was married to mom. Mom and Dad had four adult children. All siblings are thrilled that my client is willing to manage the legal fallout from Dad’s death.

Client’s mother has dementia, and is incapacitated. My client is her POA. The mother lives in a care facility. The POA is not great- it wasn’t drafted by an attorney, but it’s done the job so far.

Mom and Dad had a house, which is community property. This house now needs to be sold to pay for Mom's ongoing care. The house is the only probate asset.

Client believes Dad had a will, but no one can find it. There has been a considerable amount of searching and Client has abandoned the search.

Should we:
(1) try to sell the house using an Affidavit of Lack of Probate, with my client as her mom’s POA;
(2) open an intestate administration and have a GAL appointed for the mom; or
(3) seek to have my client appointed guardian of her mom and then attempt to use an Affidavit of Lack of Probate?

Something else?

Sarah Jael Dion

Dion Law PLLC
206-550-4005
sarah at dionlaw.com<mailto:sarah at dionlaw.com>
www.dionlaw.com

This message is private or privileged. If you are not the person for whom this message is intended, please notify me immediately and delete the message. Please do not copy or send this message to anyone else.




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