[WSBAPT] Recovering Proceeds from Sale of Vehicle in Probate

[Marcus Fry]

I would love you for you to sue the State of Washington on this!  This Affidavit of Inheritance has caused my clients more issues than what it is worth.  Let the State of Washington pursue the co-tenant for an untruthful affidavit.

Acknowledging that above demand is asking for something I wouldn’t waste money on myself, I would recommend your best option is to pull the tenant into court under an order to show cause to recover property of the estate (in this case the funds from the sale of the vehicle).

Marcus J. Fry
Lyon, Weigand & Gustafson, P.S.
P.O. Box 1689
Yakima, Washington  98907
Telephone:  (509) 248-7220
Facsimile:  (509) 575-1883

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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Thomas Hackett
Sent: Monday, May 21, 2018 4:07 PM
To: WSBA Probate & Trust Listserv
Subject: [WSBAPT] Recovering Proceeds from Sale of Vehicle in Probate

Colleagues-

We represent the PR of an estate. One of the probate assets was a tenants-in-common interest in a vehicle. Before the appointment of the PR, the other co-tenant of the vehicle filed an Affidavit of Inheritance stating that no relative would have a prior right to the vehicle (there are intestate heirs), and that he, the co-tenant, listed himself with a relation of "friend" as being the entitled to the vehicle. The Affidavit of Inheritance also lists that provision has been made for the payment of debts of the decedent - not true!

Then the other co-tenant sold the vehicle. What steps do you recommend taking for recovering the proceeds from the sale of the vehicle (I think we are only entitled to half)?

Thank you in advance for your guidance and wisdom on this.

[https://docs.google.com/uc?export=download&id=0B-SxUq1b3OJKWTdxRWo3ZThmaGs&revid=0B-SxUq1b3OJKNVVIcDZreEwxdGNIb1Q5VDRDU0RrUTVoL2E4PQ]

Thomas A. Hackett
Attorney | NW Legacy Law Center, P.S.
360-975-7770 | http://nwlegacylaw.com<http://nwlegacylaw.com/>
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