[WSBAPT] Guardianship question

Wed Dec 18 14:38:05 PST 2019

Thank you Mark and Marcus for responding!

Full disclosure:  I am also the title officer in the County where the real estate is located.  I consulted myself and am not entirely satisfied with the answer, as this is the first time I have run into this scenario.  😊  

Underwriting counsel is getting back to me about this, but I figured that some of you have a lot more experience in this area.  Mark, your thoughts are also what I came up with, but push-back from Guardian’s attorney had me second-guessing myself.

Thanks!

Jennifer

From: WSBA ProbateTrust List <wsbapt-bounces at lists.wsbarppt.com> on behalf of Mark Vohr <mcv at ohanafc.com>
Reply-To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Date: Wednesday, December 18, 2019 at 1:49 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Guardianship question

Jennifer:

            A couple of thoughts.

Since you are dealing with In Rem jurisdiction, it would seem that Washington law applies to the entire sale transaction of real property.  That would also mean Washington guardianship law since it would be a guardian signing the paperwork, similar to the application of Washington probate law in ancillary probates where the PR signs the paperwork.  

You may also wish to check with a title company.  In a recent case we were working on, title required a court signed “Confirmation of Sale” which as you know is a requirement under Washington’s guardianship statutes before a guardian is authorized to execute the documents of transfer.  Title took the position that the confirmation of sale is the final authority for the transfer, which ensures we have an unbroken chain of title.

            So – if it were me doing this, I would register the guardianship in WA and fully adhere to the procedures under RCW 11.92.110 - .125.

Hope that helps.  

Regards, 

Mark

Mark C. Vohr

Ohana Fiduciary Corp.

Ohana Financial Services

A Washington Trust Company

Mark C. Vohr, J.D., CPG, Principal

PO Box 33710  Seattle, WA  98133

T:  (206) 782-1189 F:  (206) 782-1434

mcv at ohanafc.com      www.ohanafc.com

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Jennifer Johnson
Sent: Wednesday, December 18, 2019 12:48 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Guardianship question

Hello all,

I’m hoping someone can provide some brief guidance on the following guardianship scenario/question:

Letters of Guardianship/Conservatorship were recently issued in October in Clatsop County, Oregon.  The Order authorizing the issuance of the Letters provides for appointment of guardian and conservator of the protected person, and says, “as guardian, [Guardian], shall have all the powers and duties of a guardian under Oregon law”

Protected person owns real estate in Washington and she lived there until a couple years ago when she moved to an assisted living facility in Oregon.  Guardian wants to sell the Washington real estate.

In order to sell the real estate, my brief research seems to say that an out of state guardianship should be registered in the appropriate county in Washington state.  I’m assuming that would be the county in which the real estate is located.  What I’m not sure of is whether the Guardian needs to get a court order specifically authorizing the sale of the property or if it is included in the ‘powers and duties of a guardian under Oregon law’?  Guardian says no because the real estate is no longer the protected person’s primary residence, and that is the only scenario in which an additional court order would be necessary.

Any insight would be much appreciated.

Thank you,

Jennifer

Jennifer M. Johnson

Attorney

Hanigan Law Office, PS

PO Box 39 - 68 Main Street

Cathlamet, WA 98612

(360) 795-3494

(360) 795-3001 (f)

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