[WSBAPT] affidavit of non probate

[Jenna Brozik]

Thanks Tom and Jamia for your comments.

I am going to use the small estate affidavit.  All creditors have been paid.

Best,
Jenna Brozik
Attorney at Law
Prinz & Brozik PLLC
445 S Grand Ave
Pullman, WA 99163
(509)338-0908 / (509) 338-3527 (fax)
jennaprinzlaw at gmail.com



On Mon, Sep 24, 2018 at 9:54 PM Thomas Gates <tegatesesq at gmail.com> wrote:

> However, to use the small estate affidavit, all creditors must be paid.
> If the available assets cannot pay the creditors, do not use your funds to
> do so.  The money in the bank account would be turned over to the state’s
> unclaimed property.  At this stage, you can use the death certificate to
> claim the funds.
>
>
>
> Tom
>
>
>
> Sent from Mail <https://go.microsoft.com/fwlink/?LinkId=550986> for
> Windows 10
>
>
>
> *From: *Jamia Burns <jamia at jamiaburnslaw.com>
> *Sent: *Monday, September 24, 2018 7:40 PM
> *To: *WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> *Subject: *Re: [WSBAPT] affidavit of non probate
>
>
>
> She would fill out the affidavit of probate, but it is not filed. She
> presents the bank with a copy. They may be unwilling to hand over the
> money, since she has not been appointed as custodian. The guardian for the
> children, once established, may need to fill out the affidavit.
>
>
>
> Respectfully,
>
> Jamia S. Burns
> Attorney at Law - Estate Planning
> 360-739-6379
> www.jamiaburnslaw.com
> jamia at jamiaburnslaw.com
> Mail: P.O. Box 29453
> Bellingham, WA 98228
> Office: 1200 Dupont Street, Ste. 1-D
> Bellingham, WA 98225 (by appointment only)
>
>
>
> On Mon, Sep 24, 2018, 1:53 PM Jenna Brozik <jennaprinzlaw at gmail.com>
> wrote:
>
> Hello listmates,
>
>
>
> I have a client whose son died.  He did not leave a will.  He had no
> assets except for a bank account with a couple hundred dollars in it.  He
> does have two minor children, no wife.  His mother has been handling all
> his affairs and debts.
>
>
>
> He had no real property or any other assets so there is no reason to open
> up a probate.
>
> The bank will not hand over the bank account to the mother for the benefit
> of the children after showing them a death certificate.
>
> Do you suggest she file an affidavit of non probate?
>
>
>
> Thanks,
>
>
>
>
> Jenna Brozik
>
> Attorney at Law
>
> Prinz & Brozik PLLC
>
> 445 S Grand Ave
>
> Pullman, WA 99163
>
> (509)338-0908 / (509) 338-3527 (fax)
>
> jennaprinzlaw at gmail.com
>
>
>
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