[WSBAPT] Does Ohio property require Washington probate?

[Findley, Daniel G.]

Before she decides to forfeit an interest in the property, she should confirm the value of the property and whether the property has any existing or potential oil and gas development.  Some areas of Ohio have significant oil and gas value.  She should probably file an answer to protect her interests.   As another commenter noted, not responding to the complaint may be an option if she really has no interest in the property and has no potential financial liability according to the pleadings.

I am licensed in Ohio and can assist if desired.

Daniel G. Findley | Helsell Fetterman LLP
1001 Fourth Avenue, Suite 4200, Seattle WA 98154
10900 NE Fourth St, Suite 2300, Bellevue WA 98004
voice | 206.689.2127
fax | 206.340.0902
dfindley at helsell.com<mailto:dfindley at helsell.com>
www.helsell.com<blocked::http://www.helsell.com/>

From: amyjgoertz at icloud.com [mailto:amyjgoertz at icloud.com]
Sent: Tuesday, September 04, 2018 4:47 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
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<mailto: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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