[WSBAPT] Substitution of PR - hmmm

[Andrew Hay]

Hello Listmates

When a party dies during a lawsuit do I petition for substitution under RCW 11.40.110 in the probate or in the principal action?

RCW 11.40.110 Action pending at decedent's death—Personal representative as defendant.

If an action is pending against the decedent at the time of the decedent's death, the plaintiff shall, within four months after appointment of the personal representative, serve on the personal representative a petition to have the personal representative substituted as defendant in the action. Upon hearing on the petition, the personal representative shall be substituted, unless, at or before the hearing, the claim of the plaintiff, together with costs, is allowed.

Andrew Hay
Hay & Swann PLLC
201 South 34th Street
Tacoma, WA  98418
Phone: (253) 272-2400
Fax:     (253) 267-8947
www.washingtonlaw.net<http://www.washingtonlaw.net/>


THIS IS A CONFIDENTIAL COMMUNICATION AND IS INTENDED FOR THE DESIGNATED RECIPIENT ONLY.  IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY THE SENDER IMMEDIATELY AND DESTROY ALL COPIES

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Jamia Burns
Sent: Wednesday, April 03, 2019 9:49 AM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Property still in husband's and first wife's name

Thank you!

Jamia S. Burns
Attorney at Law
(360) 739-6379
Office: 1200 Dupont St., Suite 1-D
Bellingham, WA 98225 (By Appointment Only)
Mail: P.O. Box 29453
Bellingham, WA 98228
jamia at jamiaburnslaw.com<mailto:jamia at jamiaburnslaw.com>
www.jamiaburnslaw.com<http://www.jamiaburnslaw.com>

NOTICE: This e-mail may contain confidential or privileged material and is intended for use solely by the above-referenced recipient. Any review, copying, printing, disclosure, distribution, or other use by any other person or entity is strictly prohibited. If you are not the named recipient, or believe you have received this e-mail in error, please reply to the sender and delete the copy you received. Thank you.


On Wed, Apr 3, 2019 at 9:37 AM Mike Winslow <mike at winslegal.com<mailto:mike at winslegal.com>> wrote:
Sounds like a Lack of Probate affidavit regarding Wife #1 interest in CP should work for establishing H’s rights.
Then probate H’s estate if H and W #2 were not on title to RP together, in order to transfer to W #2. If W #2 on title with H, then a second LOPA should work.

Michael A. Winslow
1204 Cleveland Ave.
Mount Vernon, WA 98273
Ph. 360-336-3321
Em. Mike at winslegal.com<mailto:Mike at winslegal.com>

This message is from an attorney, so it’s confidential. If you are not the intended recipient, it’s too late to stop reading this message, but you may not use it for any improper purpose. Huge Disclaimer available upon request.

From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>] On Behalf Of Jamia Burns
Sent: Tuesday, April 02, 2019 5:02 PM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Property still in husband's and first wife's name

Sorry, there is a Will from husband to Wife #2.
Jamia S. Burns
Attorney at Law - Estate Planning
360-739-6379
www.jamiaburnslaw.com<http://www.jamiaburnslaw.com>
jamia at jamiaburnslaw.com<mailto: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 Tue, Apr 2, 2019, 4:38 PM Dalynne Singleton <dalynne at glgmail.com<mailto:dalynne at glgmail.com>> wrote:
Husband and Wife #1 purchase land and manufactured home.  Wife #1 dies.  If her estate had been probated, her CP share would have been transferred to Husband and he would be sole owner.  Title would be in Husband’s name.
Sounds like Wife #1 and Husband had 3 children.

Husband then remarries and has Wife #2.  Husband dies.  Now, you indicate there is a condo in Wife #1 and husband names.  Is the condo and manufactured home the same or is this two separate properties?
I am not convinced that Wife #2 automatically gets the separate property of the husband after his death that is in Wife #1 and husband’s name.

Did husband have a Will leaving everything to Wife #2?
There seems to be some missing information.

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>

LICENSED IN WASHINGTON AND OREGON
IMPORTANT/CONFIDENTIAL: This e-mail message (and any attachments accompanying it) may contain confidential information, including information protected by attorney-client privilege. The information is intended only for the use of the intended recipient(s).  Delivery of this message to anyone other than the intended recipient(s) is not intended to waive any privilege or otherwise detract from the confidentiality of the message.  If you are not the intended recipient, or if this message has been addressed to you in error, do not read, disclose, reproduce, distribute, disseminate or otherwise use this transmission, rather, please promptly notify the sender by reply e-mail, and then destroy all copies of the message and its attachments, if any.
Error! Filename not specified.<http://www.washingtonjustice.org/>  Error! Filename not specified.<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.superlawyers.com_redir-3Fr-3Dhttp-3A__www.superlawyers.com_washington_lawyer_Gary-2DManca_ca059d21-2D1b6e-2D4fca-2Db396-2D80c253f82402.html-26c-3Demail-5FSmall-5Fbadge-26i-3Dca059d21-2D1b6e-2D4fca-2Db396-2D80c253f82402&d=DwMGaQ&c=4VfW4Y7UDKzr0jHM1Tk29w&r=wJy-5dBh2e8cdp8KTDyWsjq7WPfG_HRNpImWO5yfs2A&m=FCmO2jSMMhwxfYb-8WN5A3L-M6GKeJ_8gc6cS3vECHM&s=z2j9M4GPJAL7pempIOe0TGAPkMWrzXJSlY1lyMRDlRg&e=>    Error! Filename not specified. Error! Filename not specified.

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 Jamia Burns
Sent: Tuesday, April 2, 2019 3:05 PM
To: WSBAPT at lists.wsbarppt.com<mailto:WSBAPT at lists.wsbarppt.com>
Subject: [WSBAPT] Property still in husband's and first wife's name

Wife #1 dies in 2007. Surviving husband does nothing to transfer land and manufactured home to himself, so still in both names. Husband marries Wife #2 , then dies. My client is Wife #2. Condo is still in deceased husband's and deceased first wife's names.

Can a Lack of Probate Affidavit transfer property from Wife #1 to deceased Husband? Would all three children need to sign that? Is Probate for Wife #1 the best option?

We had to open Probate for deceased Husband, so once property is in his name, then we can transfer to Wife #2.


Jamia S. Burns
Attorney at Law - Estate Planning
360-739-6379
www.jamiaburnslaw.com<http://www.jamiaburnslaw.com>
jamia at jamiaburnslaw.com<mailto: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)
***Disclaimer: Please note that RPPT listserv participation is not restricted to practicing attorneys and may include non-practicing attorneys, law students, professionals working in related fields, and others.***
_______________________________________________
WSBAPT mailing list
WSBAPT at lists.wsbarppt.com<mailto:WSBAPT at lists.wsbarppt.com>
http://mailman.fsr.com/mailman/listinfo/wsbapt
***Disclaimer: Please note that RPPT listserv participation is not restricted to practicing attorneys and may include non-practicing attorneys, law students, professionals working in related fields, and others.***
_______________________________________________
WSBAPT mailing list
WSBAPT at lists.wsbarppt.com<mailto:WSBAPT at lists.wsbarppt.com>
http://mailman.fsr.com/mailman/listinfo/wsbapt
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20190403/6cf66e97/attachment.html>