[WSBAPT] Ancillary Probate - Different Person as PR in Ancillary Jurisdiction?

[John J. Sullivan]

I had a situation where the primary was MT with a MT licensed trust company as PR. Since it wasn’t licensed here in WA it couldn’t be the ancillary PR to sell the house located here. 

One of the trust officers was an attorney actually licensed here in WA, so we used her firm. 

John J. Sullivan

Sent from my iPhone

> On May 16, 2018, at 11:18 AM, David Faber <david at faberfeinson.com> wrote:
> 
> That squares with my gut feeling about the circumstances. Thank you for your generosity Eric.
> 
> Best,
> David J. Faber
> Faber Feinson PLLC
> 210 Polk Street, Suite 1
> Port Townsend, WA 98368
> (360) 379-4110
> 
> *** NOTICE: ATTORNEY CLIENT COMMUNICATION - PRIVILEGED & CONFIDENTIAL.  This communication may contain privileged or other confidential information. If you are not the intended recipient, or believe that you have received this communication in error, please do not print, copy, retransmit, disseminate, or otherwise use the information. Also, please indicate to the sender that you have received this communication in error, and destroy the copy you received.***
> 
>> On Wed, May 16, 2018 at 10:29 AM, Eric Nelsen <Eric at sayrelawoffices.com> wrote:
>> It's okay. The probates are legally independent and have no relationship to each other--the designation of "primary" versus "ancillary" has no actual legal significance. As a practical matter the PRs have to cooperate if there is an asset that they both arguably have jurisdiction over, but otherwise they can operate independently.
>> 
>>  
>> 
>> As a starting point you might look at In Re Estate of Tolson, 89 Wn.App. 21, 947 P.2d 1242 (1997).
>> 
>>  
>> 
>> 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] On Behalf Of David Faber
>> Sent: Wednesday, May 16, 2018 10:07 AM
>> To: WSBA Probate & Trust Listserv
>> Subject: [WSBAPT] Ancillary Probate - Different Person as PR in Ancillary Jurisdiction?
>> 
>>  
>> 
>> Decedent died resident of Texas (the state of the primary probate) but owned property in Washington State. D had two children, one residing in Texas (who is serving as PR of the Texas estate) and the other here in Washington State. Client is the Washington State child, and both siblings have decided they want the Washington State child to be PR of the Washington State ancillary probate. I can see some obvious pitfalls in having multiple people serving as PR in different probate jurisdictions, but those are no more dramatic to my mind than are two persons serving as co-Personal Representatives. I can find nothing in the code that tells me we cannot have two different PRs in the two probate jurisdictions, but it's an odd enough circumstance that I want to know if anyone on here has specific cautionary advice or knows of an authority that I could not find that would prevent this. Any thoughts?
>> 
>> 
>> 
>> Best,
>> 
>> David J. Faber
>> 
>> Faber Feinson PLLC
>> 
>> 210 Polk Street, Suite 1
>> 
>> Port Townsend, WA 98368
>> (360) 379-4110
>> 
>>  
>> 
>> *** NOTICE: ATTORNEY CLIENT COMMUNICATION - PRIVILEGED & CONFIDENTIAL.  This communication may contain privileged or other confidential information. If you are not the intended recipient, or believe that you have received this communication in error, please do not print, copy, retransmit, disseminate, or otherwise use the information. Also, please indicate to the sender that you have received this communication in error, and destroy the copy you received.***
>> 
>> 
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