[WSBAPT] Estate problem with vehicles

[Dalynne Singleton]

I opened an intestate estate with 3 children as heirs (2 are minors) and was hired by the L&I settlement attorney to do so when her client reached L&I settlement, was receiving monies and then died before the final distributions.  The decedent had a grown adult son in Missouri and two minor children here in WA.  I had a probate GAL appointed and have talked with the minor childrens' mom.  The son in Missouri did not know his father very well and had just reconnected.  No Will.  Son in Missouri was appointed Administrator, me as Resident Agent.

The issue:  The decedent owned three vehicles worth more than $5000 each.  The BMW was taken by the adult son and I have informed him it is to be considered part of his inheritance.
The other two vehicles were taken right after the funeral by a sister and brother of the decedent.  They ARE NOT heirs to receive from the estate.  ONLY the 3 children will share in the inheritance.

Both went to department of licensing and filled out forms that they were to inherit the vehicles and one obtained a new title in her name.  The other applied for title but has not received it.
This is clear fraud.  I wrote to both of them and told them to buy them at FMV and give the Estate the money or return them and we will sell them.  The aunt called immediately and I will talk to her next week.  She said she had no idea she couldn't have the car and will work with me to get monies for the children.  The uncle has been non-responsive.

Both the aunt and uncle live out of state - in Missouri.

I have filed a TEDRA (trust estate dispute resolution act) case against a person who took a boat and title w/o permission.  Boat and estate were in WA.  It worked great.  I obtained monies for ½ the value of the boat from the co-owner in the TEDRA litigation.

My question:  these two live out of state.  Looks like the aunt will work with me.  The Estate is clearly a WA probate but the vehicles are now in Missouri and were licensed in Missouri - the decedent lived in Missouri before moving to WA.  The L&I settlement is in WA.

Probate - do I have to file an ancillary probate in Missouri and then have an attorney there sue the 2 with the vehicles if they won't cooprate?
       Is there a way to include out of state respondents in a WA TEDRA action?

Thanks.

Dalynne Singleton

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

360.568.5065
360.329.4079
360.568.8092  fax
dalynne at glgmail.com<mailto:dalynne at glgmail.com>

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