[WSBAPT] Does Ohio property require Washington probate?

[jacyphers at gmail.com]

What if she does nothing??
I see two issues.

Action to sell the farm.  I assume if she does nothing, then the farm might
be sold, which she has no objection to.
Just want to make sure she has no costs or expenses by doing nothing on that
action.

Issue #2 then is who gets the money from the sale of the farm.  If her
husband's estate would get its share,
that might possibly be resolved by an affidavit procedure in Ohio if they
have an affidavit procedure.

Have to be very careful with the disclaimer issue.
Whose law controls when the real property is in Ohio?  Washington disclaimer
law where husband died; or Ohio disclaimer law where real property is.
Assume they had no children so that is not an issue in the disclaimer law.
But does client's brother have children who would possibly take if client's
brother disclaims.

I do think you need to talk to an Ohio lawyer.
But am really curious as to what would happen if the widow does nothing. 
 
    
  
Jackie Cyphers
Jeannette A. Cyphers, Attorney at Law
P. O. Box 908   
Edmonds, WA 98020-0908
425-776-5887
fax 425-640-0814
jacyphers at gmail.com
 
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-------Original Message-------
 
From: Amy Goertz
Date: 9/4/2018 4:50:17 PM
To: WSBA Probate & Trust Listserv
Subject: [WSBAPT] Does Ohio property require Washington probate?
 
Good afternoon, list mates,


My client is a recent young widow residing in Washington. Her husband left a
Will that leaves everything to her, but she has accomplished getting through
everything without probate. There is no real property in Washington and
nothing here that would require probate.


However, her husband had a small share of a family farm in Ohio. His cousin
recently inherited a share and filed for an immediate sale. My client was
just served with a summon (actually, there were three - one to her, one to
her husband, and one to his estate) that says she must file an Answer in
Ohio next week.


My client does not wish to own the Ohio property and would like to disclaim
her/his interest in the farm. The husband’s Will, which has not been filed
or admitted to probate, provides that if the wife does not survive him then
his estate goes 50/50 to his sister and my client’s brother. My client’s
brother would be willing to disclaim any interest. My client would be fine
with the property or sale proceeds going to her sister in law or to her
husband's parents, all of whom live in Ohio and already also have a partial
interest in the farm.


Do we really have to open a probate here in Washington when there are no
assets here? Can she disclaim the Ohio property without a Washington
probate?


Thanks in advance for your learned input.

Amy J. Goertz, J.D.
Goertz & Lambrecht PLLC
amyjgoertz at icloud.com 


1.888.926.2607 phone
1.877.684.1627 fax


2829 S. Grand Blvd., Suite 303
Spokane, WA 99203 




 
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