[WSBAPT] Release of Surplus Funds from Foreclosure

Wed Oct 3 14:04:27 PDT 2018

I have done this.  I called the clerk and asked them whether they wanted a small estate affidavit or whether they required a motion/order.  In my case, they required a motion/order, so that is what I did.  I would ask the clerk what they will accept.  If you can't get a response, I would do the motion/order.

However, you might also think about whether there are any outstanding creditors with regard to her deceased parent.  That may affect how you proceed.  I think the small estate affidavit requires that all creditors are paid or provided for.  If you do a motion/order, you would want to think about whether you need to provide notice to any creditors.

Thanks,
Jill

Jill H. Sasser | Attorney at Law
Landerholm P.S.
805 Broadway Street, Suite 1000
P.O. Box 1086
Vancouver, WA 98666-1086
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Dalynne Singleton
Sent: Wednesday, October 3, 2018 11:09 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Release of Surplus Funds from Foreclosure

I understand you do a motion and proposed order - see attached examples I got from Kitsap County attorney.

Dalynne Singleton

Gourley Law Group
Snohomish Escrow
The Exchange Connection
1002 10th Street / PO Box 1091
Snohomish, WA 98291

360.568.5065
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dalynne at glgmail.com<mailto:dalynne at glgmail.com>

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From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of Rod Harmon
Sent: Wednesday, October 03, 2018 10:59 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] Release of Surplus Funds from Foreclosure

A small estate affidavit will do it.
Sno County Clerk has a self-help Civil Disbursement form packet available for $5.00.  See the Clerk's self-help packet list: https://www.snohomishcountywa.gov/DocumentCenter/View/3763/Self-help-Forms-Packet-List?bidId=

Rod Harmon

RODNEY T. HARMON
       Attorney at Law
         P.O. Box 1066
      Bothell, WA   98041
     Tel:   (425) 402-7800
     Fax:  (425) 458-9096
    www.rodharmon.com<http://www.rodharmon.com>
   rodharmon at msn.com<mailto:rodharmon at msn.com>

From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Jeannie OBrien
Sent: Wednesday, October 3, 2018 10:22 AM
To: wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>
Cc: Courtney Davis <courtney at selanderobrien.com<mailto:courtney at selanderobrien.com>>
Subject: [WSBAPT] Release of Surplus Funds from Foreclosure

I represent the sole surviving child of an unmarried decedent whose home was foreclosed upon after his death. His daughter was not notified of the sale until after the proceeds were deposited in the registry of the court in Snohomish County. She became aware of it after being contacted by a number of attorneys who were going to help her with the recovery for a percentage of the funds. The Trustee did not send her notice of any of the proceedings - I don't think the Trustee knew about her.

Has anyone done this before? Curious if I have to commence a probate, or whether I can use a small estate affidavit - the funds are less than $100,000. Or is there another process by which to obtain the funds? Thanks in advance for any insight - Jeannie

Jeannie O'Brien, Attorney
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