[WSBAPT] Order authorizing sale of real estate

Wed May 16 11:56:56 PDT 2018

Does the incapacitated heir have a guardian, GAL or other legal representative looking out for their interest? Is the issue protection of the sale proceeds? I agree generally with Eric's suggested procedure, but would need to understand a bit more before taking that course of action. A hearing to get Court approval of the sale required notice, and someone must be in a position to receive notice on behalf of incapacitated heir.

Heather

Heather S. de Vrieze
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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Eric Nelsen
Sent: Wednesday, May 16, 2018 11:37 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Order authorizing sale of real estate

If my client has NPs but the court added that exception (I'm guessing this is King County?), I typically go ahead and list the property for sale but include in any contract a contingency stating that we must get court approval of the sale. Then once we're in mutual acceptance, I set a hearing with the court and get approval prior to closing.

By the way, if my client has NPs but the court has added the real property restriction to the order, I don't follow the sale requirements under Ch. 11.56 RCW. My view is that this court ordered restriction on NPs is different from not having NPs at all, so the elaborate procedure for sale in an intervention estate is not needed.

Sincerely,

Eric

Eric C. Nelsen
SAYRE LAW OFFICES, PLLC
1417 31st Ave South
Seattle WA  98144-3909
phone 206-625-0092
fax 206-625-9040

From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Claudia A Gowan
Sent: Wednesday, May 16, 2018 11:06 AM
To: WSBA Probate & Trust Listserv
Subject: [WSBAPT] Order authorizing sale of real estate

Colleagues, I would appreciate some guidance on the proper procedure for selling real estate from an estate where the court has excepted out the authority to sell real estate from the order granting letters of administration. (The issue here is that one of two intestate beneficiaries is incapacitated and confined to a veterans memory care center).

Do I go back to court and request leave to sell the real estate before it is listed? I assume this is the path because timing would be an issue if I were to request an order authorizing acceptance of an offer.

The PR would like to sell the property privately but I think the court would want it listed on the open market because of the incapacitated intestate heir. Any thoughts on that?

Many thanks,

Claudia

Claudia A. Gowan

Claudia A. Gowan, PLLC
2101 Fourth Avenue, Suite 1900
Seattle, WA 98121
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