[WSBAPT] Combine Probates?

Thu Aug 29 12:54:02 PDT 2019

Late reply to this- I was able to open a joint probate for a similar matter
earlier this year. It was my first go at a joint testate/intestate probate.
My petition and order simply had language that requested that Letters of
Testamentary be issued to the testate estate and Letters of Administration
be issued for the intestate estate- both under the same cause number. Happy
to send you a sample of the pleadings Paul if you are still working on
this. The Commissioner here in King County did not see any issue with it
and said he had seen this before- so I assume it would be the same in other
counties, but not positive. As for the EIN, since the only asset that was
still joint was the real property, we did that under the second spouse to
pass and have had no issues.

On Tue, Aug 20, 2019 at 3:33 PM Paul Neumiller <pneumiller at hotmail.com>
wrote:

> Yep. I think you and Rebecca are spot on.  I am currently negotiating with
> the title company to accept the Affidavits.  The family plans on selling
> directly out of probate to the tenant in the residence (the last 10
> years).  The title company is getting push back from the underwriter
> regarding the statement that there is no probate of the estate when there
> is a probate of the estate in GA.  I'm saying that there is no probate of
> the WA estate.
>
>
>
>
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> -----Original Message-----
> From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com>
> On Behalf Of Mike Winslow
> Sent: Tuesday, August 20, 2019 3:18 PM
> To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
> Subject: Re: [WSBAPT] Combine Probates?
>
> Assuming husband died first, I would do an Affidavit of Community property
> (DOR form) combined with a Lack of Probate affidavit on H; with recording
> of death cert (usual redactions). Then Probate the wife's estate in Wa. if
> intent is to sell the property, I would sell the property out of the estate
> instead distributing to the children outright and letting them sell. This
> avoids use of Form 17 disclosures and allows use of a Bargain and Sale Deed
> to transfer title upon sale.
> Mike
>
> Michael A. Winslow
> 1204 Cleveland Ave.
> Mount Vernon, WA 98273
> Ph. 360-336-3321
> Em. Mike at winslegal.com
>
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> -----Original Message-----
> From: wsbapt-bounces at lists.wsbarppt.com
> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Paul Neumiller
> Sent: Monday, August 19, 2019 11:44 AM
> To: wsbapt at lists.wsbarppt.com
> Subject: [WSBAPT] Combine Probates?
>
> Listmates, a Georgia couple die with WA property.  GA attorney is
> probating W's estate using a Will and H's estate as an administration
> because no H Will.  Three sons inherit everything equally.  Should I: (1)
> open two probates separately in WA because one is testate and one is
> intestate OR (2) try to combine both even though one is testate and one is
> intestate OR (3) ignore W's will and proceed to probate both estates as
> intestate since each of the three heirs inherit equally anyway.  The three
> heirs are cooperative.
> Thanks for your thoughts.
>
>
>
>
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Respectfully,

JULIE A. MARTINIELLO | PARTNER | DIMENSION LAW GROUP PLLC
130 Andover Park East, Suite 300 | Tukwila, WA 98188
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